San Francisco DUI Lawyer Can Help You Avoid Jail

California Drunk Driving Defense Strategies to Minimize Jail Time

California DUI laws are among the harshest in the nation. Penalties for DUI can include fines, driver's license suspension, mandatory DUI school, and many others. For most defendants, the scariest consequence of a DUI conviction is having to serve time in jail. Avoiding jail time is possible in many cases, depending on the circumstances and which DUI defense strategies are employed.

Since 1985, Burglin Law Offices, P.C. has helped numerous clients avoid jail time and minimize other consequences of DUI arrests in Marin County and throughout northern California. Attorney Paul Burglin, the co-author of California Drunk Driving Law, is one of only five California attorneys that is Board-Certified by the National College of DUI Defense, as approved by the American Bar Association. He is frequently called upon by DMV hearing officers, judges, and prosecutors when someone close to them is facing jail time and other legal problems after a DUI arrest.

Possible Jail Sentences for DUI Convictions in California

The length of jail time for a DUI increases with each successive conviction within a 10-year period. The following are general sentence guidelines for DUI convictions without enhanced circumstances:

• First-Time Misdemeanor DUI: Up to six months in the county jail.
• Second-Time Misdemeanor DUI: 96 hours up to one-year in the county jail.
• Third-Time Misdemeanor DUI: 120 days up to one-year in county jail.
• Fourth-Time Felony DUI: 180 days up to three years in state prison.

Certain aggravated circumstances can add to the amount of jail time you may be facing, such as:

• A DUI Accident;
• An accident resulting in death or serious injury;
• A blood alcohol content (BAC) level of .20 or higher;
• Refusal to submit to a chemical test;
• Driving more than 20 MPH over the speed limit;
• Driving on a suspended license;
• Hit and run;
• Fleeing a police officer;
• Child endangerment (which can result in a separate felony charge); or
• A passenger in the vehicle who is 14 years of age or younger.

Avoiding jail time requires a thorough examination of the totality of the circumstances in the case to determine the best defense strategies to employ. For example, the initial stop may have been unlawful if the police did not have probable cause. Another possible defense is that the chemical test was unreliable because of improper handling, improper storage (of blood), and other factors. With the right legal defense, a DUI conviction can often be avoided, allowing you to stay out of jail.

Alternatives to Jail Time

If you are convicted of a second or multiple DUI within 10 years in California, the only way to avoid jail time is to arrange some type of sentencing alternative, such as some or all of the following:

• Requirement to attend mandatory AA meetings, screenings, and alcohol classes.
• House arrest (home confinement).
• Sheriff work programs.
• The requirement to wear a secure continuous remote alcohol monitoring (SCRAM) bracelet.

Contact an Experienced San Francisco DUI Defense Strategies Attorney

Avoiding jail time is a top priority for DUI defendants. In many cases, the right legal defenses can help prevent a conviction and keep you out of jail. Other times, you may need to arrange a sentencing alternative. Attorney Paul Burglin understands the California DUI process and how to mitigate the negative consequences as much as possible. For a free, personalized consultation with attorney Burglin, contact our office today at 415-729-7300. We serve clients throughout the Bay Area, including Marin County, Tiburon, Sausalito, Mill Valley, Larkspur, San Rafael, Novato, San Anselmo, and Fairfax. We handle locals and tourists cited in the wine country, Sonoma and Napa, as well as those cited in San Francisco, Oakland, and Martinez.