How You And Your DUI Attorney Can Work Together To Avoid Prison Time

Time in jail for a DUI starts as soon as your third offense, while time in prison begins as early as your fourth or fifth offense. (This depends on which state you live in and which state your third or higher offense was committed in.) If you want to avoid any type of incarceration for a DUI, your DUI attorney can work with you to find ways around it. Here is an explanation of the differences between jail time and prison time for DUIs and ways to avoid going to prison for a DUI.

The Difference Between Jail and Prison for a DUI

Jail time for a DUI means you are typically housed in a local jail cell close to home. Your sentence is quite a bit shorter than the time you would serve in prison. Prison is where many hardened criminals serve their time, and as a DUI offender, you will definitely want to avoid this type of sentence because it is often very long and quite far from home. One way you may be able to avoid a prison sentence is by having your lawyer barter for you. Some judges may be willing to allow you to avoid prison if you are willing to spend time in jail and enter into a detox and rehab program for alcohol abuse. While you would still have to spend some time in jail, it is a lighter sentence (in many ways) than spending a year or more in a state prison.

Other Options That a Judge May Agree to or Select in Place of the Recommended Sentence

A judge ultimately has the right to say how and where you will serve your sentence for your current DUI. However, your attorney could make every attempt to get the judge to agree to one of the following or a combination of the following sentences:

• Detox and rehab programs
• Revocation of your driver's license, including driving for work, for several months to several years
• House arrest with an ankle bracelet monitor for a year or more
• Impounding your vehicle during the duration of your sentence with the expectation that you will either pay all of your impound fees at the end of the sentence or sign it over to the state to sell to cover your fees and remain without a vehicle until you can afford another

There may be some other acceptable options under the DUI laws in your state. You should discuss them at length with your lawyer before you head into court. That way, you have clear expectations of what the prosecuting criminal attorneys will ask for and what your lawyer can ask for.