I've been charged with a 1st DUI in Sacramento County. Am I going to jail?

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December 16, 2015

SHORT ANSWER

If you are convicted of a Standard 1st DUI (Misdemeanor) in Sacramento County, you generally do not have to do any time in custody.

DETAILED ANSWER

In most circumstances, you will not have to do any time in custody as a result of being convicted of a Standard 1st DUI (Misdemeanor) in Sacramento County. Generally, the District Attorney will offer 2-30 “days” depending on the circumstances of the case. However, these “days” are typically “served” through one of the Sacramento Sheriff Department’s alternative release programs, not in jail.

To be eligible for one of the Sheriff Department’s alternative release programs, though, the sentencing Judge must authorize you to apply to one of the programs. Once authorized by the sentencing Judge, you must then apply directly to one of these alternative release programs with the Sheriff.

CAVEAT(s)

  1. You may have to spend the night in jail when arrested.

  2. Depending on the circumstances of your case, the District Attorney may require that you post a bond to remain out of custody pending the resolution of your case. Therefore, if you cannot afford to post a bond, you will be taken into custody pending the resolution of your case. However, most Standard 1st DUIs (Misdemeanor) do not require a bond to be posted.

  3. If you are also charged with resisting arrest or violence directed towards a police officer, or have a history of resisting arrest or violence directed towards a police officer, there is a possibility that the Sheriff will reject your application to their alternative release programs. If your application is rejected, you will have to serve your sentence in custody.



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