First, keep the jail time small
Before getting to how a jail sentence can be served, the better goal is not to have one, or to keep it as short as possible. I start every DUI by looking for a dismissal or a reduction to a lesser charge, and when the DUI stands, I work to keep every part of the sentence small. How I handle DUI cases.
When some jail time is part of the sentence, it usually doesn’t have to be spent in a cell. The judge, usually by agreement with the DA, says whether you may serve it another way. The Sheriff then decides whether to accept you into a program. In my experience, misdemeanor DUI clients who apply are accepted.
The Sheriff’s Work Project
The Sheriff’s Work Project is a jail sentence served without going to jail. Instead of sitting in a cell, you report to a work site on scheduled days and do supervised labor, then go home. It isn’t community service: the days are scheduled for you, approved ahead of time, and closely supervised. But you keep your home, your family, and usually your job.
- Who qualifies. You can’t have more than 90 days left to serve, and you need enough probation left to finish. Most DUI sentences fit easily.
- Cost. None. The Sheriff stopped charging fees for the Work Project in July 2021.
- Signing up. You apply with the Sheriff’s Work Release office within a few days of sentencing, and you usually start about a week after your interview. You handle the application yourself; I give you everything you need to do it.
- Living outside Sacramento County. You don’t have to live here, but you have to get to a work site in Sacramento. The Sheriff doesn’t currently transfer Work Project time to or from other counties.
- Missing a day. Take it seriously. Missing work days can send you to finish the sentence in jail and bring a new charge.
Home detention
Home detention means serving your sentence at home with a GPS ankle monitor. You can leave for work and other approved necessities. It can cover sentences of up to a year, and the Sheriff decides who gets in.
- Signing up. Pick up the application packet within 5 days of sentencing. The background process can take up to 8 weeks.
- Rules. Expect weekly drug tests and no alcohol at all.
- Where you live. You’ll need to live close enough for the Sheriff to monitor you. If you live outside Sacramento County, ask me before you count on home detention.
- Cost. Ask the Sheriff’s office about current fees when you pick up the packet.
Which one fits?
Most misdemeanor DUI sentences are short enough for the Work Project, which is free and simpler. Home detention is mostly for longer sentences, or for people who can’t do the physical work. If you aren’t accepted into the Work Project, the Sheriff may refer you to home detention instead.
Turn the fine into two days of work
A misdemeanor DUI fine usually runs about $2,000 once the added fees are counted. In Sacramento, I ask the judge to convert it into about four extra jail days, which most people serve as two days of work project, without actually going to jail. Judges here routinely grant it, and work project is free, so that’s close to $2,000 saved. For many of my clients, that alone comes close to covering my fee.
Not everyone knows to ask for it. I ask at sentencing, and the judge decides.
Residential treatment instead of jail
For a repeat DUI especially, a residential alcohol treatment program can do two jobs at once. It shows the DA and the judge you’re dealing with the problem, which can lead to a better result. And in my experience, Sacramento judges and DAs accept completed residential treatment as credit against jail time, often happily, day for day.
- Timing. It’s usually done before sentencing, often before I negotiate, so it can help shape the deal.
- Length. Programs vary. A 30-day program usually covers the jail time on a misdemeanor DUI, even a repeat one.
- Cost. Insurance can cover some programs. I can help you find a list of providers; you choose one and sign up.
It’s rarely needed on a first DUI. And it’s an agreement worked out in your case, not something the law guarantees, so I plan it with you before you go.
The second-DUI rule: 96 hours in custody
A second DUI within 10 years comes with a mandatory 96 hours in custody, and Sacramento judges generally require that part to be served in jail, not on the Work Project or home detention. Exceptions are rare and take a very good reason, like serious health problems. Anything beyond those 96 hours can usually be served out of custody. More about a second DUI.
Time to get your affairs in order
Even when a DUI can’t be avoided, when it takes effect can make a big difference. Programs like the Work Project start a week or two after you sign up, and straight jail dates are usually set months out. I can often time your start date so you have room to plan: to arrange time off, line up a new job, or take care of family first.
If you live outside Sacramento County
You can live elsewhere and still do the Work Project, as long as you can get to a Sacramento work site. Sacramento may also let you do your DUI program in the county where you live or work. If you live out of state, finishing a sentence or probation where you live is complicated, but often doable. I plan the resolution around where you live from the start.
Questions
Is the Work Project the same as community service?
No. People are often told it’s “just community service,” but the Work Project is a jail sentence served out of custody: scheduled for you, approved ahead of time, and supervised. Community service is usually work for a nonprofit you choose, on your own schedule. Both beat jail.
Do you sign me up for the program?
No, you apply yourself. I give you the information you need: where to go, what to bring, and the deadline.
Can I serve my time on weekends?
Sometimes. The court can allow a sentence to be served in pieces, like weekends. But the Work Project is usually the easier way to fit a sentence around a work week.
Will I go to jail for a first DUI?
A first DUI can carry jail time, and aggravating factors like a high blood alcohol level can add more. But it can often be avoided, kept small, or served out of custody. I can’t promise a result; I can tell you what I see in your case at the free consultation.