Many DUI / DWI defendants are sentenced to jail, but incarceration offers no benefit to drunk driving defendants who have problems with alcohol. Because substance abuse is such a widespread problem, the court system is undergoing a fundamental shift in the way it regards individuals with alcohol and drug problems.

Judges and prosecutors now realize that it is ineffective to merely lock away alcoholics without treating underlying addiction issues. Because of this changing approach, treatment in an established and state licensed drug and alcohol rehabilitation program has become an accepted alternative sentencing option. An experienced DUI / DWI defense lawyer from the Kavinoky Law Firm can advise whether treatment may be an option in a California drunk driving case.

The length of treatment varies, but the average time is 30 days. Most rehabilitation facilities are privately owned, and can be either co-ed or gender-specific. Because of a shortage of rehab beds, many facilities have a waiting list.

Treatment may include behavior modification and/or medication. Three commonly used behavioral treatments for alcohol abuse and alcoholism – motivation enhancement therapy, cognitive-behavioral therapy, and 12-step therapy – can significantly reduce drinking in the year following treatment. Medication such as naltrexone (ReVia™), an anti-craving medication, has been shown to be effective, especially when combined with behavior therapy.

Alcohol and drug rehabilitation can replace alcohol education programs that are part of many DUI defendants’ sentences. Rehabilitation is typically set as a condition of probation if the offender is willing and has been accepted into a program. Time spent in rehabilitation is credited toward the completion of a jail sentence in what is known as good time custody credits. Once the program is completed, certification is submitted to the court. If rehabilitation is not successfully completed, the offender violates probation, and likely will go to jail.

For individuals with multiple DUIs on their records or unresolved issues with alcohol, rehabilitation can be a valuable alternative to incarceration. A California attorney experienced in defending drunk driving cases can review each case to determine whether rehabilitation or another form of alternate sentencing is a viable option.

Drivers convicted of DUI / DWI face serious consequences, including fines, jail, and license suspensions. However, courts have begun to acknowledge that it is useless to punish drunk drivers without addressing underlying problems with alcohol, and sentencing alternatives have become available. An experienced California DUI / DWI attorney from the Kavinoky Law Firm can determine whether a particular case meets the requirements for alternative sentencing.

These alternatives are offered with the goal of helping, not punishing, the DUI driver. One such alternative is mandatory attendance at Alcoholics Anonymous, or AA meetings.

Attendance at AA meetings is usually required as a condition of probation. The court determines how many meetings a driver must attend during a certain period of time, and the meetings are recorded on a “court card” that must be signed by the meeting secretary. If the driver fails to attend the prescribed number of meetings, the terms of probation are violated, and the driver likely will go to jail.

AA meetings take place in nearly every community during weekdays, evenings, and on weekends. To locate a meeting, look up the “AA Central Office” in any phone directory, or log on to www.aa.org. There is no cost to attend meetings, and DUI offenders likely will meet other individuals who understand and relate to the problems they are experiencing.

Alcoholics Anonymous describes itself as a fellowship of men and women who share their experience, strength and hope with each other that they may solve their common problem and help others to recover from alcoholism.

To help individuals discover whether they have a problem with alcohol, AA has produced the following questionnaire. Anyone who answers yes to four or more questions may have a problem with alcohol.

1. Have you ever decided to stop drinking for a week or so, but only lasted for a couple of days?
2. Do you wish people would mind their own business about your drinking– stop telling you what to do?
3. Have you ever switched from one kind of drink to another in the hope that this would keep you from getting drunk?
4. Have you had to have an eye-opener upon awakening during the past year?
5. Do you envy people who can drink without getting into trouble?
6. Have you had problems connected with drinking during the past year?
7. Has your drinking caused trouble at home?
8. Do you ever try to get “extra” drinks at a party because you do not get enough?
9. Do you tell yourself you can stop drinking any time you want to, even though you keep getting drunk when you don’t mean to?
10. Have you missed days of work or school because of drinking?
11. Do you have “blackouts”?
12. Have you ever felt that your life would be better if you did not drink?

An estimated 13 million Americans suffer from substance abuse problems, but help is available to those who seek it. Alcoholics Anonymous has helped more than 2 million problem drinkers live sober lives.

The consequences for a DUI conviction can be grave – many drivers receive substantial fines, jail sentences, and license suspensions. However, many courts have developed alternative sentencing programs that give authorities greater flexibility in meting out punishment. An experienced California attorney from the Kavinoky Law Firm who focuses on drunk driving defense can explain the types of alternative sentencing available in some cases.

Sentencing alternatives are typically designed to help as well as punish the driver. Alternative sentences allow DUI drivers to retain their jobs and seek treatment for alcoholism, if needed – opportunities that are rarely available in county jail.

Some sentencing alternatives will allow good time/work time custody credits. Good time/work time custody credits are hour-for-hour exchanges of alternative sentencing against the hours that would have otherwise been spent in county jail.

Some types of alternative sentencing available include community service, freeway cleanup, electronic monitoring, sober living environments, alcohol and drug rehabilitation, Alcoholics Anonymous meetings, and participation in a MADD Victim Impact program.

Other sentencing alternatives include ignition interlock devices – machines attached to vehicles which require drivers to blow into a breath detector before starting the car – and the Secure Continuous Remote Alcohol Monitor, or SCRAM, which measures alcohol by way of a device attached to the DUI offender’s ankle.

Another option is work furlough, which allows a DUI offender to go to work during the day and check into a dormitory-style housing facility at night. Some defendants may be eligible for work release, which allows the offender to work at an approved location and return home at night.

Some offenders are allowed to serve jail sentences at “weekend jails” at local police stations rather than county jails. Many local police departments will “rent out” their jail cells to DUI offenders overnight or for a weekend.

Because of the harsh consequences that drunk driving defendants face, alternative sentencing options can be an attractive alternative to incarceration. An experienced California DUI / DWI lawyer will review each case individually to determine whether sentencing alternatives may be available.

In California, driving under the influence of alcohol or driving while intoxicated is a crime that the law does not take lightly. While harsh penalties such as jail time, fines, and license suspensions are common sentences in such cases, the law in California does provide for alternative sentences. With the help of an experienced DUI / DWI lawyer, a driver may be able to get the benefit of alternative punishments that may be more suitable to the motorist’s particular drunk driving case.

One of the more common forms of community service is freeway cleanup. D.U.I. offenders who work in freeway cleanup do so by joining a Caltrans work crew as a condition of probation. Pursuant to a program known as good time/work time custody credits, hours spent working with Caltrans will be credited toward jail time a person would otherwise be serving. Each hour of cleanup will be equal to one hour of a jail sentence.

The Caltrans work day lasts eight hours and it involves picking up trash, clearing brush, and cleaning graffiti from walls along the freeways. The Caltrans work day usually begins at 6 a.m. in the parking lot of a Caltrans location, where workers board vans to travel to work sites. Caltrans work is available every day, although weekend slots are in high demand, so it’s important to arrive at the pickup site early to ensure a place in line. Failure to arrive on time may result in missing a whole day.

Freeway cleanup is generally offered as a condition of probation. The drunk driving offender is given a deadline to complete the required number of hours. If the hours are not completed on time, the offender will be in violation of probation and jail will become a serious possibility. Any DUI / DWI lawyer would warn a person to complete all programs and to not violate probation.

Caltrans is not always the most attractive alternative for a person who is convicted of driving under the influence or driving while intoxicated. However, for many people the option is better than time in jail. Caltrans can be done over time and will allow a person to live a pretty normal live in the meanwhile. Alternative sentences have been created to punish, but also provide a more productive activity than sitting in a jail cell. Oftentimes these alternative sentences help to clean up or improve a place, as well as allowing the offender to keep a job, an option that would not be available if jail was the only option.

Many California DUI / DWI attorneys recommend Caltrans work when it is available as an alternative sentence. It is not the only alternative sentence available. The court offers different options that should be considered in greater detail. Consult The Kavinoky Law Firm to find out if Caltrans freeway cleanup is an option for you.

Convicted DUI / DWI drivers typically face traditional court punishment such as jail sentences, fines, and license suspensions. However, courts are increasingly seeking to address the underlying alcohol issues of drunk drivers through sentencing alternatives. One available alternative is participation in a Victim Impact Program offered by Mothers Against Drunk Drivers (MADD).

The MADD Victim Impact Program consists of regular meetings between convicted DUI offenders and individuals whose lives have been affected by drunk drivers. Sentencing alternatives such as the MADD Victim Impact Program are designed to help, rather than punish, DUI offenders. MADD members communicate the impact drunk driving has had on their lives with the goal of educating drunk drivers of the effects of their actions on others.

The meetings are typically organized as panel discussions that feature three or more MADD members telling their stories. The discussions are often moderated by a police officer. When time permits, convicted drunk drivers may also share their stories.

Participation in the MADD Victim Impact Program is typically set as a condition of probation. If the DUI offender fails to participate in the program, probation is violated, and the driver likely will go to jail.

Sentencing alternatives such as the MADD Victim Impact Program can be a viable alternative to a jail sentence for a convicted drunk driver. A qualified California DUI / DWI attorney can determine whether sentencing alternatives are available in individual cases.

A DUI / DWI charge in California will result in two separate cases even though it involves only one incident. A driver faces a California DMV case and a criminal case. Each case must be dealt with as soon as possible in order to avoid unnecessary negative repercussions. A qualified DUI / DWI lawyer can handle both aspects of the case.

In the criminal case the judge will have the discretion to punish the offender in ways that can help society and the offender who was guilty of driving while driving under the influence. An attorney experienced in defending drunk driving cases can often achieve results for clients that allow the client to improve his or her life following what can be a traumatizing event.

Common punishments for driving under the influence of alcohol in California are jail time, fines, and license suspensions. In some cases however, the courts and the legislature have come up with other ways to punish people convicted of DUI / DWI. These methods are known as alternative sentencing. They include community service, ignition interlock devices, electronic monitoring, and sober living environments.

A sober living environment is generally a place for someone who is coping with a drug or alcohol problem. If a person is a multiple offender and has not been able to benefit from other treatment, a sober living environment may be the right place. A person who stays at a sober living environment may be able to be credited for jail time. One day in sober living will be credited towards one day of a jail sentence. A California DUI / DWI attorney will fight to make arrangements for sober living if the situation warrants it.

Inside the sober living environment, people must participate in structured daily activities and chores. The people living in a particular sober environment are responsible for the place they live in and must abide by the rules. Alcohol addiction education and treatment will also be available in sober living environments. Sober living environments can help individuals with substance abuse address their problems among people struggling with the same issues. For many individuals, stays in sober living homes help to eventually solve a long-term problem with alcohol or drugs.

If a person is staying in a sober living environment, not only will days spent there be credited towards jail time, but the cost of living there will also be credited towards fines that the court may have imposed on the driver. The court has the discretion to make such arrangements. Typically a California criminal defense attorney will provide the judge with good reasons to allow the fines to be credited for money spent on sober living.

For some individuals, sober living environments a better and healthier alternative than jail or even house arrest. An experienced California DUI / DWI defense attorney can provide more information about the viability of sober living environments for their clients.