Alternatives to Jail

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In many jurisdictions, if a person is convicted of a DUI or DWI offense, the judge has some flexibility, (within proscribed limits) on sentencing. Sometimes, the judge has no choice but to impose some jail time, especially on a second offense. It is at times possible, however, for a skilled advocate, to convince the judge to either minimize jail time or impose alternative options to jail, in some situations. Some possible alternatives might include:

• Work Release
• Work Furlough
• Electronic Monitoring
• Alcohol or Drug Rehab Program
• City Jail
• Sober Living House

Work Release

Instead of going to jail, the participant is allowed to work at a predetermined site during the day, which is usually designated by the Probation Department of the jurisdiction. The participant is allowed to go home at night to sleep, but usually not allowed to go anywhere else—except a treatment--before returning to work at the program site the next day.

Work Furlough

Under this program, the participant is allowed to keep his own job, and go to work everyday. At night, however, he must return to a dormitory-style facility located at the jail to sleep at night.

Electronic Monitoring

This option involves the participant wearing an ankle bracelet that electronically monitors his or her location at all times. It is also known as “house arrest.” Usually, however, arrangements can be made for the participant to go to school or work, so long as the “arrestee” is home at a specified time.

City Jail

Instead of going to the regular jail, the defendant convicted of DUI or DWI, may be allowed to spend a night at the local police station, and then be released the next day.

Alcohol or Drug Rehab Program

In some instances, but not all, a DUI conviction may be indicative of an addiction problem requiring a treatment program. Alcohol or drug rehabilitation programs may be residential or outpatient. An experienced attorney can often recognize when his or her client needs such a program, and guide the participant to seek this option. Then it may be necessary to convince the court to sentence the person to the rehab program, instead of jail.

Sober Living

This is another option that may be advisable for a person with a long-term alcohol or drug problem. It involves living in a residence where all the people staying there are sober. Usually such an arrangement will involve regular attendance at a 12-step program, either at the house or another location.

If you are worried about going to jail for DUI or DWI, it may be to your advantage to hire a quality defense lawyer who knows ways of keeping you on the outside.

State laws may vary. Please consult an attorney for legal advice on actual application in your state