I was pulled over in Orange for running 2 stop signs (never happened). I was arrested at the location where I pulled over. I know Orange County is one of the strictest counties to fight DUI'.s My question is will I likely be able to get house arrest or SCRAM as a alternative to jail. Are there any other alternatives.?
Alternatives abound. That's a rather large BAC--which won't help your cause. Time to retain experienced criminal defense counsel. Should probably look into some treatment as well given that BAC.
San Diego Criminal Defense Attorney--Former Prosecutor--20 years experience.
If you have just been arrested on your second DUI while still on probation for your first DUI, you should definitely consider entering a residential treatment program. If you can get the judge to order you to stay at the program as a condition of jail or release on your own recognizance, you may be entitled for credit for time int he program rather than jail. You should talk with an experienced attorney in the Orange County Area. Your blood count is pretty high which also suggests that you should consider rehabilitation before your 3rd, which carries a mandatory 120 days and you are sure to lose your job. Good luck.
You. Have several alternatives including rehab credit. Hire an experienced DUI attorneyas soon as possible and discuss your options with himor her.
House arrest, rehab or DUI court are all options. It depends on the facts, the judge and what you and your lawyer do between now and your court date.
Don't miss the 10 day window to schedule a dmv hearing.
The above answer is for general information only and is based on the information you posted. Every case is fact dependent, so to get a thorough analysis of your situation, you will need to consult face to face with an attorney licensed to practice in the jurisdiction where the incident took place. Do not conclusively rely on any information posted online when deciding what to do about your case.
I concur with the previous advice. A second DUI carries a minimum of 10 days in the county jail, up to a maximum of 1 year. In addition, you can be sentenced to any remaining time on your first DUI up to a total of 6 months for the violation of probation. While you have alternatives to jail potentially available to you, your high BAC especially while still on probation bode well. If an inpatient treatment program is a viable option for you (won't lose your job, etc. as a result) I would strongly encourage you to line up steps toward entering a program. Courts are very happy to sentence someone to an inpatient treatment program in lieu of jail time. If that is not an option, I suggest that you start attending AA meetings (2 - 3 per week) until your first court appearance. Bring proof of attendance with you to show the court and the DA that you realize that you need to address the issue of your sobriety. In some cases you can even start your DUI course (which will be the 18 month DUI program) and show the court that you are stepping up to the plate and addressing your drinking problem.
Even if you are looking at an inpatient program attending AA meetings and starting your DUI course can be helpful to show why you should remain out of custody pending a resolution in the case.
I agree with others that given your situation you would be well served by retaining an experienced DUI attorney in Orange County. You can use the Find a Lawyer tab on this site to assist you in that process.
You're probably looking at an offer from the DA of at least 60 days jail, maybe more. Electronic monitoring and other alternatives are possibilities. Contact an attorney to advise you. Many of us on Avvo provide a free consultation.
Yours is a difficult case because of the probation violation and the high .BAC. If I were your attorney I would recommend you begin going to AA's immediately because the prosecutors are likely to request bail and if you are already doing AA's the judge is likely to just order you to continue those in lieu of posting bail.
The prosecutors are likely to ask for 60 to 90 days jail but home confinement and a rehab program are options that may be possible. Home confinement is similar to SCRAM but it is issued through the probation office. It's been my experience that SCRAM is not usually offered. Judge Fish in Santa Ana usually orders a client to be on SCRAM while waiting to be approved for home confinement.
You mention that you were stopped for running 2 stop signs. Depending on the arresting agency there may be video evidence of such which may help your case.
I concur with the other attorney's that you should probably hire an attorney ASAP!
A second DUI carries a minimum of 10 days maximum of 1 year. Probation for 3 to 5 years depending on the court. Mandatory 18 month drinking driving program. Hefty fine. Ignition interlock device. 2 year drivers license suspension. .23 is high blood alcohol concentration and will likely result in more time. Set the DMV hearing within 10 days of the stop or waive that forever. Consult with local counsel and pick the one you like, trust and can afford. Good luck. Hope this helps?
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