Do I Have to go to Jail on a Second- or Third-Time DUI?

Although jail time is mandatory for a DUI with a prior DUI conviction, a program known as DUI Court can help you get sober and maximize your chances of doing your jail time at home or working it off instead.

Jail time for second- and third-time DUI is mandatory: 10 days’ jail for a second-time DUI[i] and four months’ jail for a third-time DUI[ii]. And that’s if a person receives probation. The sentences are longer if probation is denied.[iii]

What Is DUI Court?

In Orange County, the Court has a program known as DUI Court.[iv] This program is long, difficult, and, if you manage to complete it, your jail time will not be reduced, nor will your case be dismissed. Instead, what DUI Court does is make it more likely that you can work off your jail time or serve your sentence at home, via alternative-sentencing programs such as the work release program or the in-home confinement program.

So why would anyone choose to participate in a program that doesn’t reduce or eliminate their jail time? Because it can help them get sober.

Let’s clear something up first. Before you can participate in either the work release program or home confinement program, you must be deemed suitable. It’s hard to make the case that a person who has suffered more than one DUI within the last 10 years can be trusted to comply with the rules of a given program, especially if the person’s underlying issue of alcohol or substance abuse has not been addressed. In other words, without DUI Court, it is much more likely that a repeat offender will have to actually do his mandatory jail time in jail.

That’s where DUI Court comes in. Its goal is to work with a person comprehensively — through counseling, classes, and personal accountability — in order to help that person achieve sobriety. If a person can complete DUI Court and achieve sobriety, it is much more likely that he will be permitted to serve out his jail time through a work release program or home confinement. (Also, he significantly increases his chances of expunging his conviction, a decision which is discretionary for the Court when it comes to DUI.[v])

What Will I Have to Do in DUI Court?

DUI Court acknowledges that the root of multiple DUIs is a person’s abuse of alcohol and/or illicit substances. And until that underlying cause is addressed, no amount of fines or jail time – no matter how harsh – will change the person’s behavior. It is treatment and, ultimately, sobriety that will free a person of his addiction.

But this can be easier said than done. DUI Court can be intense. It requires participants to regularly participate in individual counseling sessions, group counseling sessions, and self-help meetings (such as Alcoholics Anonymous). Participants are required to keep in regular contact with their probation officers and are subject to random and regular alcohol and drug tests. And there are sanctions in place in the event that participants violate any of these conditions.[vi] In addition, participants must complete an 18-month, multiple-offender DUI program (known as SB-38),[vii] and they are also burdened with arranging transport to each of these appointments even though, because of their DUIs, they are no longer allowed to drive themselves. For some, the ultimate benefit of DUI Court — a return to sobriety — makes all of the inconvenience and sacrifice worthwhile.

Am I Eligible for DUI Court?

To be eligible for DUI Court, you must reside in Orange County; have no prior convictions involving drug sales, violence, or gang activity; and your current DUI must not involve serious injury to any victim.[viii] You’ll also need reliable transportation, whether it be a taxi, a ride-hailing service like Uber or Lyft, or a friend or loved one to take you to all your appointments. You must also acknowledge that you have an alcohol and/or substance abuse problem and that you are ready for a change.[ix]

If you are eligible, the next step is for either you or your attorney to request an evaluation to see if you would be suitable for DUI Court.[x] If the Court finds you suitable, you must enter a guilty plea before being accepted into the program. You will still be sentenced to jail; however, rather than force you to immediately serve your jail time, the Court will place you on formal probation, assign you a probation officer, and allow you to participate in DUI Court. If you complete DUI program, you will be allowed to serve your jail time via an alternative-sentencing program such as home confinement or work release.

Can You Give Me an Overview of the DUI Court Process?

Once in DUI Court, you’ll be given a two-week grace period to see if the program is a good fit for you. As mentioned earlier, DUI Court’s requirements are rigorous and some people may not yet be ready to make such a commitment.  If, after the two-week grace period, you don’t feel that you can complete the program, the Court will allow you to withdraw your guilty plea, and your case will pick up where it left off. Beware: if you decline DUI Court and are ultimately convicted, you will receive your mandatory jail sentence (and will likely have to serve it in jail).

The program will take at least one year to complete. However, because relapses are both common and expected, many people require more than one year to finish the program. But if you’re able to make it through DUI Court, your probation will be reduced from formal to informal (meaning that you’ll no longer have to report to a probation officer) and you should be allowed to complete your jail time either through home confinement with a GPS ankle monitor or the Orange County Sheriff’s Community Work Program (assuming, of course, that you have reliable transportation).[xi] Additionally, once you’ve graduated from DUI Court, you should be eligible for a restricted driver’s license.[xii]

How Much Does DUI Court Cost?

The cost of DUI Court is commensurate to a person’s income; however, no one will be denied admission into the program solely because they are unable to pay for it at the moment.[xiii] Still, without the ability to drive one’s self, DUI Court can still be expensive or, at least, inconvenient. In order to make it to all of the required appointments, you’ll either have to pay for taxis or ride-hailing services, ask a friend or loved one(s) repeatedly for rides, or spend your day catching buses or other public transportation. Still, for those who can endure this hardship, sobriety and an alternative to jail are the reward.

Conclusion

Second- and third-time DUIs come with mandatory jail time, and that jail time can be extremely disruptive to a person’s routine, especially if that person has a job that he must report to.

If you’re facing a second or even third DUI, you may be curious about whether DUI Court is a viable sentencing-alternative for you. If you are eligible for DUI Court, you will be provided with a path to sobriety that will, in the end, allow you to complete your mandatory jail time via a work release program or in-home confinement. In essence, DUI Court can help you minimize the disruption caused by a conviction and, most importantly, let you to continue going to work or school.

You should keep in mind, though, that an alternative-sentencing program such as DUI Court shouldn’t be considered in isolation; instead, such a contingency should be woven into a comprehensive, criminal defense strategy. A criminal defense attorney can help you figure out whether such an alternative-sentencing program can apply to your unique case.

Michael J. Ocampo, is a skilled attorney and former deputy district attorney. If you’ve been charged with a DUI, have a prior DUI conviction, and want to know whether DUI Court can fit into your unique defense strategy, contact Michael at (714) 451-6834 to schedule your free, no-obligation consultation.