3rd DUI mandatory jail time

Asked over 4 years ago - Fullerton, CA

I am doing a 1 yr DUI program for the DUI Court in Fullerton. IS there any way or any case I can review to try to get out of the Mandatory 4 month jai time that is required. The current program I am doing requires a curfew, mandatory 3 times a week testing, weekly counseling sessions, weekly probation visits, weekly group meetings. THis program was offered to me as an alternative for not doing county jail but now they want to give me 4 months of house arrest. I have done perfect in the program so far, they tell me that I'm doing great in the program. I have been doing charity work to give back to the community and to help my self out, this was not required as part of the program, I did this on my own. I just don't feel that the 4 month jail time should imply in this case. What do you think

Attorney answers (4)

  1. Roland Xavier Tiemann

    Contributor Level 14

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    Lawyer agrees

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    Answered . It sounds like you went through a dui court program. Did you agree to do the fourth months as part of your plea agreement. If so, you may try to ask the court to modify your sentence. But it is unlikely since it is a mandatory sentence. The benefit to you is that the allow you to do the time with house arrest instead of in jail.

    This is a general discussion of legal principles by a California lawyer and does not create an attorney/client relationship. This is not intended to be legal advice in your specific case. It's impossible to give detailed, accurate advice based on a few sentences on a website. You should always seek advice from an attorney licensed in your jurisdiction who can give you an informed opinion after reviewing all of the relevant information in your case.

  2. Lauren Johnson

    Contributor Level 13

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    Lawyer agrees

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    Answered . You should speak with the attorney who represents you in this case, as opposed to lawyers on the internet.

  3. Robert Laurens Driessen

    Contributor Level 20

    Answered . There is usually a reason why the court would impose a punishment of 4 months of house arrest. I assume that you were represented by an attorney to get into the DUI program to avoid jail time. The best solution is to contact your previous attorney and find out why the court is imposing the 4 month house arrest.
    Robert Driessen

  4. Chad Raymond Maddox

    Pro

    Contributor Level 12

    Answered . 120 day sentence is mandatory under the vehicle code. While a court can give credit towards teh 120 days for things like home confinement, and even time at rehab... the rehab needs to have a restriction on liberty however - it needs to be custodial in nature. The Court DUI program is not custodial. Your liberty is not infringed. You're still on the hook for the 120 in some way.

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