Top Ten Tips
Easing The Consequences Of A DUI
Top Ten Tips > Easing the Consequences of a DUI
7. Jail Alternatives
Most people consider staying out of jail to be the highest priority, second perhaps only to wanting a complete dismissal of charges or preserving driving privileges. While it is true that most misdemeanors in California carry a risk of up to six months in jail, nevertheless Sonoma County typically sentences two days of jail for a standard first DUI. Even two days is not required by law, and sometimes a local Santa Rosa lawyer can avoid such a sentence. Your attorney should discuss your specific exposure with you so that you understand the realistic gravity of your case.
If your arrest occurred during probation on a prior DUI (see the "Court Probation" discussion in Tip #6 above), then you may be at risk for an additional 10-30 days of jail in that case at the time of sentencing on the new matter. If your blood alcohol was relatively high (over .15%) or you refused to provide a sample of your breath or blood at the time of arrest, or other aggravating factors or charges are present in your case, then you may be at risk for an additional 2-5 days of jail or more in any subsequent Sonoma County court sentencing. (CVC 23578). An allegation of speeding 20 to 30 mph over the limit (depending on what kind of street) coupled with an allegation of reckless driving while over .08 (or .01 if under age 21) exposes you to an additional 60 days county jail. (CVC 23582). DUI's with a minor passenger (under age 14) adds at least 2 days jail and up to ninety! (CVC 23572). A typical Sonoma County case with a higher alcohol level, an accident and uninjured youngsters in the vehicle may result in 10 additional days.
Your lawyer should argue any compelling situations and any legal weaknesses in the Sonoma County prosecutor's case to bargain down days. If you were not released immediately after arrest and therefore you spent time in the Sonoma County (or other local) jail, then tell your Santa Rosa attorney how long, and we may be able to obtain credits against any subsequent Sonoma County jail sentence.
If this is your second or higher DUI and you are ready to acknowledge a significant alcohol problem in your life, then you may wish to consider jail alternatives such as the new Sonoma County DUI court (see below) or residential treatment (see "Self-Help" resources on the Resources page of this site), not only for confronting abuse or addiction, but also a tool for your Sonoma County lawyer to try to shorten any jail sentence.
Work Release "Volunteer" Work.
Most counties, including Sonoma, offer "Work Release" or sheriff's alternative work program ("SWAP") which is a jail alternative where you perform designated community service with the county in Santa Rosa or elsewhere under the supervision of the Sheriff's Department, instead of going to jail. Sonoma County requires that you sign up within 10 days of sentencing or else you lose the opportunity to perform this sheriff-supervised community service rather than turning yourself in to jail for actual incarceration. Report within 10 days of sentencing to Room 104-J on the first floor of the Superior Court building in the courtyard near the Criminal Clerk's office and just outside the Jury Room hallway.
This program is available in most cases as long as you sign up within 10 days of sentencing and are accepted into the program. Certain allowances are made for legitimate physical limitations. Certain allegations in your matter or in your past may prevent your being permitted to participate in Sonoma County's work release alternative, even after being referred by the court, such as battery against a peace officer. In such cases, your attorney may be able to find additional alternatives. Click here for Sonoma County's eligibility guidelines and Work Release Details, and here for Additional Eligibility listings.
Once you have been accepted into the work release program, you must be absolutely sure of what is expected of you and precisely how to comply. If you do not successfully comply with all of the Work Release program's requirements, including timely contacts and performance, then you may receive a Work Release Termination Notice, a copy of which would be sent to the Sonoma County court, informing you of the termination and a turn-in date to report to Sonoma County Jail to complete the remainder of your sentence in actual custody. If you do not report as directed, then a bench warrant would likely issue for your arrest. If you receive this notice, or you are informed of an outstanding arrest warrant because of a Work Release termination, or other failure to report, then you would be well-advised to seek the advice and assistance of a Sonoma County DUI lawyer. A Santa Rosa DUI attorney may be able to avoid or recall an arrest warrant and then get you re-referred to a jail alternative, depending on your circumstances.
Show and Release
In Sonoma County, typically you can simply report on your "turn-in date" (indicated on your sentencing order) at either the North County Detention Facility (FOR MEN ONLY) by the Santa Rosa Airport (2254 Airport Blvd), or the Main Adult Detention Facility (FOR WOMEN ONLY) next to the Sonoma County courthouse (2777 Ventura Avenue, likely where you were first booked if you were brought to the county jail). Nearly everyone is released in a matter of hours if your sentence is less than four days of jail. This is also called "book, print and release" (for a one-day sentence) or "after midnight release" (for a two or three-day sentence). In this scenario, such individuals do not change clothes or see the inside of a cell, but rather they sit quietly in a secure waiting area until released.
MEN REPORT HERE:
WOMEN REPORT HERE:
Example #1 "Book & Release" first-hand experience related by a first offender with 1 day of jail remaining to serve on a Sonoma County DUI (2-day sentence with one day credit already because he spent time in jail on the night of arrest, prior to bailing out) and thus only had one day of jail remaining to serve at the time of turn-in ("book, print & release" procedure): "I did the jail turn-in on 5/29 as instructed. Got there around 6:00 p.m. and mostly sat around reading my book with occasionally being called over for questions (while the deputy filled out forms), fingerprinting and photo. They released me about a quarter to nine (2-1/2 hours later)."
Example #2 "Book & Release" first-hand experience (brief voice message Jake received) from a Santa Rosa DUI first offender with a 1 day of jail remaining: "Hey Jake, just wanted to give you feedback on the jail processing; it was 45 minutes, in and out."
Example #3 "Print & Midnight Release" first-hand experience with 2-day Sonoma DUI jail sentence: A typical, but very nervous, Sonoma County first offender DUI client, with two days of jail to serve, recently described the following experience: "I reported to the Santa Rosa facility by the airport as you suggested at 6:45 p.m. and everyone there was very nice and polite. They already had all my information on file so I only signed one form stating that I could not leave the building until I was released. They informed my friend who drove me that he could not wait with me, but he could return shortly after midnight to pick me up. I put my things in a locker and sat in a waiting area until about 12:15 a.m. and then I went home. All things considered, I've had more stressful evenings at home with my teenager. It seems this is a standard procedure. You were right to warn me against pot or alcohol on my breath; there were 5 guys who came in obviously having been drinking, and they were immediately taken into custody."
Example #4 "Print & Midnight Release" first-hand experience with 2-day Sonoma DUI jail sentence: "I have never been to jail... and had no idea what to expect. I showed up at 6:45 p.m. on a Friday. There were about 20 people already there in the waiting room. I walked in, went up to the front desk, and gave them my name. They told me to sit and wait. There were people there who had long sentences and people who come every weekend. Those people were called up first. They call up one person at a time to enter this little area and to go through a metal detector (I would recommend to bring quarters to keep your belongings in a locker, or keep them in your car). I was one of the last people to be called into the room on the other side. Everyone who was there for midnight release was called in last. It was really easy, and no big deal whatsoever; they told me ahead of time that I would be released at midnight. I sat in a chair for a couple of hours, in a room with other people all there for the same reason. The officer even brought me a magazine to read. The worst part about it was the extreme boredom. The whole situation was extremely routine. I was released at about 12:05 a.m."
Example #5 "Print & Midnight Release" first-hand experience with 2-day Sonoma DUI jail sentence: "I arrived at 6:45pm and was told to wait. At first I thought they would keep us in the lobby all night, but eventually they called people one by one to walk through the metal detector. The cop who searched me for weapons kindly informed me I "wasn't going in," which was reassuring. So I sat and read my book until midnight. Make sure you bring a book and a thick sweatshirt to use as a buffer against the awful plastic chairs and walls. Two people went to the wrong jail and had to wait until midnight only to be transported back downtown. Yet another reason to have hired a lawyer... I was released just before 12:15am. I cannot stress the importance of a book enough."
Example #6 "Print & Midnight Release "first-hand experience with 2-day Sonoma DUI jail sentence: "I was terrified of the possibility of jail time. Unfortunately, my case was pretty open and shut and I was sentenced to two days. I showed up at 6:45 pm, checked in, and was told right away that I would be an "after-midnight release." I sat in waiting room, read a book, and messed with my phone. After an hour, I was called up to verify some facts then told to sit in the same waiting area. 20 minutes after that, I was put through a metal detector. It was kind of like going through airport security. The guards let me keep my book and coat (although, I suggest bringing a heavier coat because it gets cold in there). The room held about 20 guys, and those called into custody already knew the guards from a larger sentence. By 9 pm, there were just seven of us waiting around until after midnight. At around 12:10 am I was called up to collect my belongings, called a cab, and went home. I am glad to have had a lawyer like Jake walk me through this process because it is a complex process between the DMV and court system. Everything went as well as Jake said it would. Jake was professional, courteous, and can explain things simply."
Although the releases described above, minutes or hours later without actual incarceration in a cell, is the nearly universal experience, still, as with everything in life and law, there is no guarantee in your specific case that you will avoid jail. Ask your Sonoma County DUI lawyer how this process might work for you.
Home Electronic Confinement, Work Furlough and Other Alternatives
Even if this is your second or higher DUI, or this is your first DUI but additional factors are present so that you are currently exposed to 30 days or more of jail, Sonoma County typically allows alternatives to actual incarceration. For example, the ankle bracelet (home confinement) and work furlough (jail at night) both allow you to go to work. Addition of a secure continuous remote alcohol monitor ("SCRAM") device (pictured below) to a sentencing scheme may convince a judge in a particular case to allow such alternatives to jail even in relatively bad cases.
It is critical to discuss alternatives with your local Sonoma County lawyer prior to sentencing so that proper details are accomplished to maximize your ability to take advantage of such alternatives. Your attorney actually adding a day of jail to your sentence could be the difference between staying at home in your own neighborhood, or staying in a Santa Rosa jail cell.
Click here for a Sonoma County Electronic Confinement/Work Furlough Info And Sample Application. The application fee is $63 as of July, 2009. There are important requirements, such as an extended turn-in date after sentencing, work schedule verification, dedicated phone line, completely alcohol and drug-free home, and only limited visitors allowed. Additionally there is usually a daily fee. These alternatives are seen as a benefit to both you and the county, but are not made available to everyone, and the application process can be lengthy and unreliable, so it is critical to consult with a Sonoma County lawyer and start completing the application as soon as possible after any jail sentence is imposed.
Although the county's program is only for those who live in Sonoma County, if you do not live here (or sometimes immediately adjacent), then it may still be possible to serve Sonoma jail time in another county with the electronic confinement alternative. Click here for one qualified out-of-county program, The LCA Program, which Sonoma Courts have permitted to provide this service outside Sonoma County. Typically to be successful obtaining this alternative, one must be directly referred to LCA at the time of sentencing in the Santa Rosa courthouse, and then pre-approved and referred by the Sonoma County probation department using the same application sample above. LCA will provide a Final Report to the court detailing a detainee's performance, costs, office visits, etc.
For additional links and information about LCA, work release and other jail alternatives, click on Resources and scroll under "DUI compliance" to the jail alternatives links.
Sonoma County's DUI Specialty Courts.
The "Tier 1" Compliance Court
In December, 2009, the Sonoma County courts introduced a new layer of informal probation-type oversight for all second and third DUI offenders.
In addition to the existing DUI court (described in the next section below), a new segment has been added, referred to as the DUI oversight court. Under this new system, second and third DUI offenders are referred to this compliance court. These offenders are referred to a compliance officer/case manager, and required to attend another court session two months following their sentencing (court hearings are on the second Wednesday of each month), and again at the six month mark and finally at the one year mark. The court may order that the defendant not attend the second or third hearings. Residents who live in distant counties, and out of state residents, may participate by telephone.
The Case Manager. Sentenced offenders will contact the Orenda Center compliance office and be required to meet with one of two case managers from the Sonoma County Alcohol And Other Drug Services Program ("AODS") to come up with an action/treatment plan to address (and facilitate/ensure) compliance with the original sentencing court's orders, such as enrollment and attendance in the DUI program, AA meetings, installation of the scram anklet, ignition interlock devices, jail, work release or home confinement, etc. Participants provide proof of such compliance to their case managers.
The case manager/compliance officer will monitor probation compliance and assist the DUI offenders in their efforts to eliminate drugs and alcohol from their lives, and may include, if necessary, referral to community services, monitoring substance abuse, random drug testing, addressing family issues, verification of participation in job training, immigration assistance, housing and education. If a client has not fulfilled their obligations, it will be up to the compliance officer and the court to determine why, and also to suggest a different course intended to help the client to comply. The ultimate determination of a response by the court remains with the judge. Defense attorneys will have open communication with such case managers and the court, and may help facilitate an appropriate response to certain difficulties.
Click here to see the complete Sonoma County DUI Compliance Court summary memorandum. More information, including necessary documents and maps, etc, may be found on the Resources page of this site under DUI Compliance>DUI Court.
The "Tier 2" Compliance Court ("DUI Court")
in February, 2008, Sonoma County implemented an intensive, treatment-oriented program, modeled after Sonoma County's Drug Court, which effectively delays serving a jail sentence, and upon successful completion contemplates home confinement to satisfy any minimum jail sentence and early termination of your time on probation. The program is a collaboration of the Court, Probation Department, Health Services, The Public Defender's office, the District Attorney's office and local law enforcement. As of December, 2009, this DUI court will be referred to as Tier 2 compliance court.
Sonoma DUI Court is available to Sonoma County residents who are charged with a second or third time misdemeanor DUI offense occurring in Sonoma County if there are no prior serious felonies and no current parole.
Sonoma DUI court is a post-plea interim resolution which would typically only be appropriate for eligible multiple offenders after thorough analysis of your present case with a Santa Rosa lawyer if you determine that either there are no viable defenses, or you wish to address the adverse effects of alcohol in your life.
Program Details. If you are willing to acknowledge a substance abuse problem and wish to take advantage of this intensive three-phase Santa Rosa program with regular obligations and reviews, weekly therapy, drug and alcohol testing, 12 step meetings and drinking driver program classes, then, after meaningful review of your case with your Santa Rosa lawyer, you may enter a no-contest or guilty plea in regular court with your attorney and be referred by the court to the next DUI court session (Wednesdays at 2:00 p.m. --you must not be late-- in Santa Rosa Courtroom 12) for a mandatory observation by you and preliminary recovery assessment by the judge. After this first court appearance, you would be interviewed in the following days and assessed by the AODS, and if a satisfactory referral is made, then upon sentencing at the second week's court session you would commence the program. The stated program length is a minimum of 12 months plus available after-care.
Program Benefits. Successful completion of the 52 week minimum program length will permit the court to give one day of jail credit for each week plus 2 days for each of the four phases completed, or a total of 60 days credits on any jail sentence. In addition, your incentive to participate is this more thoughtful and measured approach for multiple offenders, including access to a lower cost, structured, local Santa Rosa treatment program designed to transition you to a healthy and stable life, delay of Sonoma County jail sentence and favorable consideration of the home confinement jail alternative to complete any remaining sentence, and early probation termination.
You should discuss all of the details with your Sonoma DUI attorney. Click here to see the Summary Sonoma County DUI Court Brochure, and here for the complete Sonoma County DUI Court Participant Handbook. If you believe this program is right for you, then you should also view the obligations contained in the Conditions of Probation, and the DUI Court Agreement.