I've been charged with a 2nd DUI in Sacramento County. Am I going to jail?

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December 17, 2015

SHORT ANSWER

If you plead No Contest (or Guilty) to a 2nd DUI in Sacramento County, you will have to do a minimum of 4 days in custody.

DETAILED ANSWER

In general, you will be sentenced to anywhere from 10 to 60 days if you plead No Contest to a 2nd DUI in Sacramento County. Of these 10 to 60 days, at least 4 days must be served in the county jail. After the 4 days are served in custody, the remainder of the sentence generally can be completed out of custody on one of Sheriff’s Alternative Release Programs.

CAVEAT

In order to serve your remaining sentence out of custody, you must apply to the Sheriff’s Alternative Release Program. There is a chance that your application to serve your remaining sentence might be rejected.

An additional charge of resisting arrest or any type of violence towards a police officer, or a history of such charges, may result in your application being rejected. If your application is rejected, you will have to serve your entire sentence in custody.



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