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Even in the case of a conviction, it is possible for a knowledgeable
and experienced DUI attorney to obtain alternatives to jail for
their clients. Alternatives to jail include Electronic Monitoring,
Work Release or Work Furlough, Alcohol or Drug Rehabilitation, or
Sober Living, Sheriff’s Work Alternative, and other potential
solutions. Each of these options should be fully explored, and the
solution be tailored to your individual circumstances as much as
possible. Each county has different rules regarding alternative
sentencing. Some counties cooperate with other counties for out
of county defendants and some counties will not cooperate. Some
counties require some mandatory jail time, particularly on multiple
offenses.
Electronic Monitoring: This is also
known as “House Arrest,” and involves wearing an ankle
bracelet that electronically monitors the whereabouts of the wearer.
Usually, arrangements can be made for the wearer to go to work or
school, so long as they are home by an appointed time.
Work Release/Work Alternative: This
involves working at a site determined by the Probation Department.
The participant works there during the day, and gets to go home
at night to sleep.
Work Furlough: This option allows the participant to keep their
own job; however, they return to a dormitory-style facility to sleep
at night. They are released to go to work during the day.
City Jail: Also known as “private
jail” or “weekend jail.” Many local police departments
operate a City Jail program. Participants check themselves in to
the police station, and usually spend the night there, to be released
sometime the following day.
Alcohol or Drug Rehabilitation: Sometimes a DUI or drug-related
arrest is merely the unfortunate symptom of an underlying addiction
issue. While this is certainly not the case in every instance, some
people who are arrested for these types of cases can best address
this as an alternative to jail. A skilled defense attorney will
know how to obtain this type of relief for their clients, and prevail
upon a judge to allow this as an alternative to custody and fines.
Sober Living: For those that are multiple offenders, or have a drug
or alcohol problem that has not responded to past attempts at treatment,
sober living is sometimes the best alternative. These are houses,
both for men and women, where all of the residents are sober. The
structure of each house will vary, but residents are usually required
to attend a 12-Step meeting daily, participate in house groups and
functions, and perform a household chore. In addition to allowing
the participant to avoid a lengthy jail stay, sober living environments
have helped many improve the quality of their lives.
Other alternatives may be available and should be explored
in each case.
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