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

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.

Los Angeles, CA -

Attorney Answers (3)

Robert Laurens Driessen

Robert Laurens Driessen

DUI / DWI Attorney - Irvine, CA
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
Michael Korry Bialys

Michael Korry Bialys

Criminal Defense Attorney - Newbury Park, CA
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

Jim Mitchell Medley

Jim Mitchell Medley

DUI / DWI Attorney - Houston, TX
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.

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