Typical sentencing guidelines for DUI conviction in CA state

Asked over 5 years ago - Kyburz, CA

I was charged with a dui with bac of .15 and hit and run. My lawyer thinks he can get the hit and run dismissed. As I understand, the usual sentencing for this is 5-10 days jail which in our county means sheriff's work program. I would like to ask for home detention instead because I am a single mother with 6 kids working 3 jobs and am worried about being able to be on a work program. In order to qualify for home detention, the sentence would have to be at least for 30 days. Cannot get an answer back from my lawyer. Would it be ridiculous to ask him to request 30 days instead of the 5 to 10 so I would qualify? I would most likely lose one of my 3 jobs trying to take off 5 to 10 days to work for the county and the financial loss for work time loss would be catastrophic for a single parent with no child support. Is this the weirdest question you've had yet?

Attorney answers (3)

  1. Adam Garrard Gasner


    Contributor Level 7

    Answered . The answer to your question depends a lot on the county that you are in. There may be other options available to you, such as electronic home monitoring - which is an ankle bracelet that you wear and it allows you to work and like at home, while you serve your "sentence."

  2. Brian C Andritch

    Contributor Level 13

    Answered . Asking for a longer sentence isn't typical. Most Sheriff Work Programs I am familiar with are flexible on scheduling the days you work. If you have regular days off you may be able to complete the work program on your days off. Also, home detention usually involves electronic monitoring as well and there is a cost associated with it. Since you are working three jobs I assume money is tight. Home detention may be cost prohibitive for you.

    Brian Andritch

  3. Ryan Patrick McClure

    Contributor Level 13

    Answered . If you have an attorney and are not getting answers you need to get a new lawyer quick. As others have suggested, we need to know what county you are facing these charges. Good Luck!

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