Legal Question in DUI Law in California
If someone gets a DUI in a county outside of their residence (in the state of California), do they have to stay in the county they were arrested in to complete the Drug & Alcohol program as well as possible community service?
2 Answers from Attorneys
No. In most California Counties in which I have appeared, it is relatively easy to arrange for drinking driver programs in your own county and community service in your own county.
With respect to the DUI program, you or your attorney typically must ask at the time of sentencing for a specific out-of-county referral by the sentencing judge to the specific DUI program you wish to attend. These requests are routinely granted. You can find the entire state listing of locations and program lengths offered at the following link: http://www.adp.ca.gov/Criminal_Justice/DUI/pdf/DUI_dir.pdf. Locate the right program most convenient to your home (this can get complicated so you should consult with an attorney about your specific situation and timing) and have that information handy at the time of sentencing.
With respect to "community service" or other jail alternatives, assuming you are facing a first DUI, each county (and often each judge) is different. Depending on the sentence in your case, a defendant can usually obtain a combination of credit for time served and out-of-county (or even out of state) volunteer time to satisfy a small jail sentence (some counties do not even impose jail time for a first DUI).
These are good and important questions that you should really discuss with a local lawyer because certain facts and situations particular to you, your case and your courtroom may alter the outcome of your matter. If you are facing a DUI in Sonoma County and wish to hire a Santa Rosa lawyer, or browse additional information of this nature, please feel free to visit my website at www.sonomacountyduilawyer.com.
Good luck,
Jake
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