2nd DUI W/In 5 years. Considering settling.

Asked over 1 year ago - Port Richey, FL

I've been told by the public defender that the minimum is 10 days with averages 30-90 days on a second offense. Although I feel that the case is weak, I don't know if I can risk a trial and get even more time. My question... Are there alternatives to jail that will allow me to continue working and taking care of my child? I've heard of something called operation payback. Is that something only on weekends or would i be able to set up days that would work for me?

Thanks in advance

Attorney answers (3)

  1. Michael Leonard Mastrogiovanni


    Contributor Level 13


    Lawyers agree

    Answered . Your sentencing possibilities will depend on which of the 3 county judges you have assigned to your case. Operation payback cannot be substituted for the 10 day jail requirement but if you entered a residential rehab, the time spent can be counted in lieu of jail.

    I have been practicing in Pasco for many years, feel free to contact me if I can answer any other questions or if you are interested in trial.

    Visit our website at www.mastrolaw.com to ask your legal question or call for a more detailed free consultation... more
  2. Larry Thomas McMillan

    Contributor Level 15


    Lawyers agree

    Answered . Yes there are alternatives. The court and prosecutor can accept a qualified alcohol rehab facility in lieu of jail. Ask you PD or call a good DUI lawyer in your area.

  3. Majid Vasigh


    Contributor Level 16


    Lawyers agree

    Answered . That is indeed the minimum, if you plea to DUI. The alternatives would be a plea deal to an enhanced RD, which your attorney has probably tried to achieve for you already. However, if you have a good case and you do not believe you were impaired, you shouldn't suffer jail time for something you didn't do. Pasco, as you probably already know, is pretty harsh when it comes to sentencing. But hey my friend, if you think you weren't given a fair shake and you have confidence in your attorney, then by all means exercise your right to a trial by your peers.

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