Asked about 3 years ago - Okeechobee, FL
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Scenario: A multiple DUI offender goes voluntarily into a long-term treatment facility before going to court and does so because he realized and admitted to himself he needed help, saw the errors in his ways and wanted to change his life once and for all.
Question: I've been told judges will sometimes take day-for-day of in-patient drug/alcohol treatment towards the length of a jail sentence. Is this possible? What is the likelihood a judge would actually sentence in this way based on the actions the defendant has taken?
Florida Statute Sec. 316.193 (6)(k) provides as follows: "A defendant, in the court's discretion, may be required to serve all or any portion of a term of imprisonment to which the defendant has been sentenced pursuant to this section in a residential alcoholism treatment program or a residential drug abuse treatment program. Any time spent in such a program must be credited by the court toward the term of imprisonment."
In the Eight Circuit our judges have interpreted this section to allow a client credit for time served in an inpatient treatment facility even though completed prior to the imposition of sentence. You need to speak with an attorney experienced in practice before the judge you will appear before to know if this judge will use his discretion to authorize such a conversion of time spent in treatment.
Best wishes for success in your case.
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