Since a large percentage of people drink, driving under the influence
(DUI) is one of the most common offenses that people are arrested for. Not only
that, but the vast majority of people who are arrested for DUI aren’t
exactly hardened criminals.
DUI defendants come from all walks of life. They’re teachers, truck
drivers, doctors, servers, counselors, college students, entrepreneurs,
and stay-at-home moms and dads. When you’re a DUI defendant and
you have a job or a family depending on you, the last thing you can afford
is to go to jail.
For people with jobs and young children, a jail sentence imposes a big
problem. If you were recently arrested for DUI in Orange County and you
can relate to this predicament, you’re probably wondering if a DUI
conviction means that you’ll be automatically sent to jail, and
that is a very good question.
Will you be sent to jail?
Nobody wants to go to jail. If you’re sentenced to jail, will your
job be there when you get back? Since California is an “at-will”
employment state, your employer can fire you for any reason as long as
it has nothing to do with discrimination. So, could they fire you for
an extended absence due to a DUI? You bet they can.
Will you go to jail? It depends on the circumstances of your case.
If this was your first DUI and there were no aggravating circumstances,
such as you didn’t have a high
BAC, there was no accident or injuries, and there was no child in your vehicle
at the time of the arrest, then you
may be granted probation in lieu of jail. Usually, a
first DUI is punishable by 0 to 6 months in jail.
Otherwise, the sentencing for second and subsequent DUIs within 10 years
are as follows:
- Second DUI – up to 1 year in jail
- Third DUI – up to 1 year in jail
Fourth DUI – up to 5 years in state prison
In addition to the above, factors such as a blood alcohol concentration
of .16% or greater, having a minor in the vehicle age 14 or under, or
causing an auto accident that results in injury or death can lead to enhanced
Contact the Law Offices of Virginia L. Landry, Inc.
If you want to avoid going to jail, the best thing for you to do is fight
your DUI charges, or negotiate a favorable plea bargain, and our Orange
County DUI defense firm can help you with that. Don’t wait –
contact the Law Offices of Virginia L. Landry, Inc. without delay!