Under what conditions can a CA judge give a suspect the option of rehab rather than jail?

Asked about 2 years ago - Los Angeles, CA

a man is stopped and a CHP officer smells liquor on him. She gives him a breathlyzer test and he tests for 2x the legal limit.

Attorney answers (3)

  1. Robert Laurens Driessen

    Contributor Level 20


    Lawyers agree

    Answered . A judge can order locked down residential rehab in lieu of jail. However the only way this is going to happen is by hiring an attorney.
    Robert Driessen

    Mr. Driessen is a former Deputy DA in Orange County with over 8 years of criminal law experience. Nothing stated... more
  2. Michael Korry Bialys

    Contributor Level 13


    Lawyers agree

    Answered . On a first DUI on LA County Jail time is unlikely. If it is a second third or felony offices the judge can order rehab, but as my colleague said , getting your own Lawyer is gonna really help get you there

  3. Jim Mitchell Medley

    Contributor Level 15


    Lawyers agree

    Answered . There are a number of rehabilitative options a judge could provide someone on probation for DUI.

    Most judges do genuinely want people with substance abuse related problems to get help and to not get into trouble again.

Related Topics


The definition, charges, and penalties for driving under the influence (DUI) vary by state and depend on a number of factors.

DUI traffic stop

Getting a DUI is a process that involves a traffic stop, BAC testing, and field sobriety testing before you can be charged or arrested.

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