In California, there are six common sentencing alternatives to jail for driving under the influence (DUI). They are:
- drug or alcohol treatment or rehab,
- Mothers Against Drunk Driving (MADD) Victim Impact Program,
- community service,
- electronic monitoring with a SCRAM device,
- sober living, and
- DUI school.
Each of these alternative sentencing options can help you stay out of custody. Each of them is often used as a part of DUI probation.
If you use one of these alternative sentencing options to avoid incarceration, you have to complete the requirements. If you do not, you may be sent to jail.
1. Can I go to drug or alcohol rehab, instead?
Drug or alcohol rehab – inpatient or outpatient – is a common way to remain out of jail after a California DUI conviction. Judges may require attendance at Alcoholics Anonymous meetings as well.
Offering to go to rehab shows a sentencing judge that you are serious about handling a substance abuse problem. It is especially important if you have a prior conviction.
Inpatient Treatment
Inpatient treatment requires you to stay at the facility throughout the program. It is more intensive.
The structure is far more controlling, and relapsing is usually not as easy. It is also more expensive. However, the rehab program is usually over quicker.
Outpatient Treatment
Outpatient treatment can be done from home. You meet for regular sessions or appointments.
Because there is less oversight, relapsing is easier. However, outpatient treatment is far less expensive. It does take far longer to complete an outpatient treatment program, though.
2. What is a MADD Victim Impact Panel?
A Victim Impact Panel with Mothers Against Drunk Driving is a seminar. You go to the seminar to hear speakers talk about how drunk driving impacted their lives. These speakers include:
- victims,
- family members of victims, and
- emergency responders.
They talk about loved ones who have suffered from a crash with a drunk driver, or what they have seen. The seminar lasts around 2.5 hours.
Judges in California DUI cases often require you to go to one of these Victim Impact Panels as part of your probation. Judges tend to think that the Panels provide a sense of gravity to the offense.
3. Can community service stand in for jail time?
Community service can be an alternative to both:
- incarceration as well as
- the fine from a DUI conviction.
Judges have to approve your community service program. In many California cases, they will appoint a program for you, such as roadside work with Cal-Trans.
The amount of community service required will depend on the severity of the conviction. It may not be an option at all for the most severe cases, or if you have prior convictions.
4. What about electronic monitoring?
Electronic monitoring is another way to stay out of jail after a California DUI conviction. It allows law enforcement to supervise you on probation.
In California, sentencing judges can require you to wear a Secure Continuous Remote Alcohol Monitor (SCRAM). These are ankle monitors worn against your skin that detect alcohol in your sweat.
SCRAM devices are programmed to notify police if you have been drinking. They also have heat sensors that can tell if they have been:
- tampered with,
- removed, or
- covered.
SCRAM devices tend to be used if you are a repeat drunk driving offender. If you drink and the SCRAM device detects it, the judge may remand you to jail for violating probation.
5. Can I live in a sober environment?
Another alternative to incarceration after a California DUI is sober living. This is a long-term, full-time residential community that requires complete abstinence from drugs or alcohol.
Sober living is similar to rehab in that both:
- are available if you are a repeat offender with substance abuse problems, and
- offer rehab services that help overcome substance abuse.
However, sober housing is a living situation, not a medical facility. You have more responsibility in sober housing than in rehab. There are fewer people preventing you from drinking or using drugs.
Judges often make use of sober environments if you do not have a full-blown substance abuse issue but still need help and support.
6. Can I go to DUI school?
In California, you can avoid incarceration by attending DUI school. This is a court-approved course on alcohol awareness and education.
There are five different DUI school programs. Each is targeted at certain offenders. You will be assigned a longer and more intensive course if you are a repeat offender or committed a more serious offense.
Sobriety is required throughout the entire course. Breaking this rule can:
- violate probation and
- lead to a jail sentence.
Additional Resources
For more information, refer to the following:
- Alcoholics Anonymous – 12-step program for overcoming alcoholism.
- Drunk Driving Overview – NHTSA page on drunk driving statistics and prevention.
- Impaired Driving: Get the Facts – CDC fact sheet on impaired driving.
- Driving Under the Influence (DUI) – California DMV page on driver license suspension for drunk driving.
- MADD – Non-profit organization devoted to stopping drunk driving.
