10 Steps to Take to For People Charged With a DUI to Help Avoid Jail - A Non-Criminals Guide

1. Take The Situation Seriously Is You Want topenalty).-California Specific, other states may be
Attempt to Avoid Jaildifferent.
People don't realize that a 2nd or 3rd DUI offense can6. Show Up for Work Alternative or Home
easily lead to significant jail time (NOT work alternative)Confinement Appointments
... i.e. 120 days MINIMUM on a 3rd offense, or gettingOne of the worst things feelings I get is when I hear
another DUI while the 1st is still pending. Or simply notabout people who do not show up to their
realizing that a DUI can also be attained without anyappointments or deadlines with work alternative/home
alcohol in the system-just by driving under the influenceconfinement. I've received many calls regarding this
of their medical prescriptions. Even 1st offenses canover the years, mainly from non-clients, but
lead to jail time. This isn't even counting accident cases.occasionally from clients, who ignore, or forget the
-California specific, other states may be different.date or time. If you don't keep these appointments or
2. Follor Your DUI Attorney's Advice (if represented)comply with court deadlines, you will be ordered to
As a criminal defense attorney that practices inspend time in jail. *ALSO, a side note, don't show up
Monterey and Santa Cruz Counties in California, I'vewith alcohol or drugs in your system (even from the
missed out on so many good deals, and evennight before)!!!
dismissals, because a client, (even after they have paid7. Pay Your Fine On Time (or Early) Don't Wait for a
their attorney's fees), did not follow my advice orBill
another attorney's advice - so do it, that's why you areMost times the court does NOT send you a bill; it is
paying them (even if a public defender - you areyour responsibility to remember to pay on time
paying them many times anyway).according to their instructions (that is, you must pay the
3. Make Your Court Appearance & Make It Onminimum amounts on time, write the correct case # on
Timecheck/money orders, etc.). There's nothing worse than
If you don't have a good DUI attorney on your side,getting pulled over for a basic speeding ticket and
you must show up at your court appearances on time,ending up in jail on an old case just because you didn't
or if your attorney tells you to be present in court youpay the fine.-California specific, other states may be
must do so. I regularly get paid extra money to helpdifferent.
people in difficult situations because they ignore their8. Following All Special Court Orders
case and let it go to warrant before getting anSometimes attorneys can get better deals for their
attorney. If you don't show up to court and you wereclients in exchange for unusual plea bargains and
released without bail the judge may order bail. Evenorders. If you don't follow the agreement, it could lead
worse, the judge may increase bail if you wereto more fines and/or jail time (i.e. writing a 500 word
released on bail (recently on a simple 1st offense DUI aessay, or a certain number of AA meetings for certain
judge ordered $25,000 bond, which meant that thetypes of DUI cases).
person had to pay a bail bondsman $2,500 that they9. Keep a Current SR-22 on File with the DMV (if
never get back, just to avoid having to turnrequired)
themselves into jail to -this isn't a joke - make you 1stMany times you won't even get a clear notice from
Court Appearance on time and all those after as well).the DMV or court if you do not have a current SR-22
4. Return Your Attorney's Calls (if represented)on file. Check with the DMV and make sure it is
I can't tell you of the number of great deals that I havecurrent - but if you have a qualified attorney, ask them
lost because the client either took too long, or neverspecifically how you should handle the SR-22 first. If it
got back to either me or my staff, (some movedis not current then your license will be suspended
without giving us new phone numbers, or addresses).(many people have suspended licenses and don't even
You must keep your attorney informed about newknow it), and you will face other consequences. -
addresses and phone numbers and respond to theirCalifornia specific, other states may be different.
phone calls.10. Get Your License Back Before Driving Again
5. Sign Up for the the Proper DUI Class Within theI get many calls each month regarding people (not my
Required Time Ordered by the Court.clients) driving on a suspended license after their
This is a big one. Technically if you have to go back totemporary license expires. It usually leads to harsh
court to get a new referral, when you are standing inpenalties, for example, the vehicle you are driving
front of the judge trying to explain, the court can, and(even if you are not the owner) could be, and usually is,
sometimes will, impose a 30-day jail penalty. Even ifimpounded for 30 days. The cost of the impound is
you avoid the jail penalty, there may also be attorneyextremely high (sometimes more than the value of the
fees because you may need to have an attorney govehicle). It can also lead to significant jail time. California
to court and present a "legal good faith" excuse as tospecific, other states may be different.
why you missed the deadline (to try and avoid the