I got a DUI back in July in California, The Judge is offering me hundred and twenty days in jail

Asked over 1 year ago - Oakland, CA

I got a DUI back in July in California, the judge offered me 120 days in jail, 2 weeks ago I fell from the stairs in my office and I injure my spine and I broke my leg, I am under medication, my question is, can the judge allow me to do the jail time at home or is he going to make me be in jail in this condition ???
thank you

Attorney answers (7)

  1. Joshua Kaizuka

    Pro

    Contributor Level 16

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    Answered . I agree with my colleagues here that if the jail time is 120 days, it seems unusual if it was a standard first DUI. It is more consistent with a 3rd DUI conviction where the minimum jail time by statute is 120 days. In many counties, the jail time can be completed through home detention or work project, but that is something that should have been explained at the time of sentencing. County jails typically do not want to deal with individuals with medical issues. You should talk to the attorney who represented you to get yourself back on calendar to request medical home detention and if you were not represented by an attorney, you should consult an experienced DUI or criminal defense attorney for a modification of probation. The worst thing you can do is not show up for the surrender date since that will result in a warrant being issued and you will likely end up in jail. You should have your medical records ready for the attorney to review even though you may have a cast on your leg or in a wheel chair. Good Luck!

  2. Victoria L Clemans

    Pro

    Contributor Level 14

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    1

    Answered . A first time DUI does not generally include jail unless it was hit and run with injuries. Additionally, you still have to deal with the DMV who will want the first time offender alcohol program (AB-541) which is 3 months or they won't give you your license back. As far as house arrest, you would have to work that out with the court, it's VERY EXPENSIVE it's called a "scram" bracelet, it goes on your ankle and limits your movement i.e. hard to shower, etc. There will be other conditions with your plea, such as fines and fees unless waived, and it is priorable and will be on your record for ten years! If the court is offering you an "open plea" where you plead to the sheet, I would definitely seek the assistance of local counsel. LAW OFFICES OF VICTORIA CLEMANS.

    This is a general statement regarding law and facts and should not be construed as an attorney-client relationship... more
  3. Andrew Joseph Bouvier-Brown

    Contributor Level 13

    9

    Lawyers agree

    Answered . In sincerely hope that you had an attorney represent you if you wound up with a 120 day sentence on a DUI. Unless there is something egregious about the facts of your case (don't elaborate on them here), 120 on a DUI is... well, something's definitely out of the ordinary. If you had an attorney represent you, you need to bring this up with that attorney right away to see what can be done. Nobody here on an internet forum can properly answer this question, because it depends on a lot of specifics that we don't know and you shouldn't share. Frankly, the personality of the judge is going to be a big factor here.
    Understand: if you did NOT have an attorney help you, you should call and consult with several attorneys in the area and then HIRE ONE to evaluate your case. I can't emphasize that enough. So: if you had a lawyer, ask him or her this question; if you didn't, you've got a lot of issues besides this one which should be examined before you go do 120 days on a DUI case.

    Any answer provided on Avvo, including this one, is a general answer about a legal question, not specific legal... more
  4. Jasen Bodie Nielsen

    Pro

    Contributor Level 19

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    Lawyers agree

    Answered . It sounds to me as if is a 3rd time DUI, due to the 120 day sentence. Some judges in some courts will allow you to serve a sentence via electronic monitoring. A medical issue, with a letter from your doctor, might increase those chances. If EM is not available, most judges would allow you to delay turning yourself in, provided again that you had a letter from your doctor. If you don't have an attorney helping you with this case, I strongly advise you to get one. Good luck.

    Jasen Nielsen

  5. Ginny Harjot Kaur Walia

    Pro

    Contributor Level 11

    9

    Lawyers agree

    Answered . If this is your first DUI without any special circumstances such as an injury to anyone, 120 days is not the standard. It sounds like it may be a third DUI in ten years why there may be a 120 day sentence or a DUI with an injury to someone. Regardless, it is advisable to go to the attorney who represented you or hire new counsel for modification of probation. You do have a very serious injury and a good attorney may be able to help modify your probation.

    This answer does not constitute legal advice and does not create an attorney-client relationship.
  6. Frank Mascagni III

    Contributor Level 20

    9

    Lawyers agree

    Answered . You need to hire a criminal defense attorney ASAP! You need legal counsel, don't go this alone.

    I am trying to give you a general answer to your question. We do not have an attorney-client relationship by this... more
  7. Mari Anita Torres

    Contributor Level 6

    4

    Lawyers agree

    Answered . When is your turn-in date to report to the jail and do your time? You should place yourself on calendar ASAP and request that the judge stay your turn-in date or sentence you to an alternative punishment, such as ankle monitor or home confinement.

Related Topics

First DUI

While first DUIs generally have much lighter sentences, they can still have significant indirect effects, such as increased insurance rates.

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