Alternatives to jail for your DUI - Scroll To Bottom To see Results

There are various alternative to jail for your 2nd, 3rd, 4th, or felony DUI in California.  However, you will not be made automatically eligible for these jail alternatives.  You will need to be proactive.  At Aspen Law Group, we have a multiple offender outline / felony offender outline that will instruct you on what you need to do to prep your case so that when the time comes, you're eligible for alternatives to jail. Without proper preparation, especially on more serious DUI cases, you'll likely not be eligible for jail alternatives. Call 866-306-5306 for more information.

Will I automatically Get a Jail Alternative

In most cases and courts all over California, the simple answer is NO.  In Orange County, for example, DA's will default to jail each and every time.  You have to follow our instructions so that when the case is presented to and negotiated with the judge, we can convince him to grant you alternatives to jail. 

In addition, alternatives to jail are a privilege and not a right.  As stated above, your case will have to be properly prepared in order to be eligible for alternatives to jail  You will have to abide by the terms of whatever program your attorney is able to negotiate. 

In most jurisdictions, you will have to pass a drug test in order to be accepted into such alternatives.  This includes marijuana and other controlled painkillers even if you have a prescription.  Speak to an attorney at 866-306-5306 for more information.


Scram is Secure Continuance Remote Alcohol Monitoring.  It's essentially an ankle bracelet you wear that tests the skin for alcohol  It can be used to dramatically decrease if not eliminate jail for your case.  You can go everywhere you want to while you wear this device, but you can't drink

Electronic Monitoring or House Arrest

House arrest is when you wear a bracelet that restricts your movements during certain times of day.  In most instances, you're allowed to go to work while wearing this device.  This is not an alternative to jail that is automatically given.  Your attorney has to properly prepare your case in order to be eligible for such an alternative to jail.

Serious prior criminal history or failure to pass a drug screening will automatically render you ineligible for house arrest.  Speak to an attorney at 866-306-5306 for more information.

Work Furlough Program

There are two different kinds of work furlough programs depending on the county where you obtained your DUI charge. 

Community Work Program

Community work programs are most often times found in Northern California.  In this instance, you're required to do day labor via the Sheriff's department.  This can either be on weekends or during the week, depending how long your sentence is and what is negotiated with the court.  In these programs, you can spend your evenings at your home.

Pay to Stay Work Furlough

A pay to stay program is done though your local police department.  This is most common in Southern California.  Essentially, you go to work during the day and spend the night in a private, non-violent offender jail or police run hotel.  It's called pay to stay, because the majority of these programs charge a fee ranging from $75 to $175 dollars per night.  Getting this type of jail alternative is not easy and is usually reserved for very serious 3rd or 4th offense DUIs.  Most attorneys aren't even familiar with this type of jail alternative.


DUI Court is a very intensive court monitored rehabilitation program. It is out patient and is only offered in a few counties across California.

DUI Court is the least appealing option for jail alternatives because it's costly, intrusive, and if you can't abide by DUI court's rules, you'll be sent directly to jail without the ability for an attorney to get you alternative sentencing.  It can last for years, occur during work hours, and takes a lot of effort on the part of the client.

Residential Treatment / Sober Living

There are two kinds of in patient rehab programs.  Either one, needs to be vetted by the court and aggressively negotiated for by your attorney and is reserved for only the most serious DUI offenses.  The costs can rage from free to over 45k per month depending on the facility.  Some facilities allow you to work, while others do not.  You'll need to speak to an attorney who knows what programs are available.   Rehab / Sober living is never automatically offered for any DUI client.  Your attorney will have to convince the judge to let you do this type of program for your DUI case.

Sober Living

Sober living is when you live in a sober living house, run by an agency, for your sentence.  In most cases, you're allowed to go to work in this type of program.

Residential Treatment Program

Residential Treatment Program is a state certified treatment program.  The cost for this type of program ranges.  Some are free while others, like the Betty Ford Clinic, can cost tens of thousands per month.  Some programs allow you to work, while others are "locked down" and do not permit the patient to work.  This type of jail alternative is for serious DUIs that face 9 months if not years in state prison.

Multiple Offense DUI Attorney - Aspen Law Group

Aspen Law Group has successfully represented thousands of clients accused of a 2nd offense DUI. 3rd DUI, and 4th Offense Felony DUI.   We're ready and willing to do what it takes to ensure the jail time you face is minimized.  For more information, call 866-306-5306 for a free, and highly informative consultation.

Recent Jail Alternative Success for Very Serious DUI Cases!

Below are examples of very serious DUI cases that ultimately resulted in alternatives to jail rather than prison.  These are some of the "worst of the worst" DUI cases.  We have thousands of cases that have resolved for jail alternatives but this is a sample on cases that were destined for prison without our help.

State vs. L.M.

Facts:  2nd DUI with an accident and a .11% BAC. Client faced jail.

Results:  DUI charges were dismissed without jail.

People vs. Brian G.

Facts:  4th Offense Felony DUI while on probation for two prior DUIs.  BAC in this case was a .39%. Client faced 3 years state prison and the DA in the case was asking for prison.

Case Results:  ZERO JAIL ON Fourth Offense Felony DUI while on probation. Client was very happy with the results.  Attorney Simmons Also won the DMV hearing in this case.

People vs. Roman C.

Facts:  4th Offense Felony DUI while on probation for two prior DUIs, with a suspended license.  Client was a .18% BAC and faced over 3 years state prison for these charges.

Results:  ZERO Jail on all charges.  Client was so happy with the results, she hugged me.

People vs. Anthony W.

Facts:  This case was an utter mess.  Client was an out of town client who hire a DUI attorney who has 12 years more "experience" than attorney Simmons.  The previous attorney failed to prep the client/case correctly and the client was taken into custody on a no bail hold at their first court date.  Client was on probation for two prior DUIs with a .20% BAC. When we go the case, the client was in jail and the offer on the case was 9 months of jail with an additional 6 months of rehab.

Results; Client was released from jail and had to complete 30 days of rehab.  Client was extremely happy with the results of this case.

People vs. Amy B.

Facts:  Client hired another attorney.  Offer on the case was 120 days jail for a 2nd DUI.  I took on the case and was able to resolve the case for a treatment program the client had done nearly 12 months prior.

Results:  Zero jail. Client extremely happy.

People vs. J.H.

Facts:  Another example of being careful about who you hire as an attorney.  2nd DUI while on probation, .12 BAC.  Client hired another attorney, paid them over 7k and the offer on the case was 120 days jail.  I wrote a motion, motion was granted. Zero jail and ALL CHARGES DISMISSED.


People vs. L.M.

Case Facts:  This is a prime example of why to hire an attorney who knows what the hell they're doing.  Case was previously handled by a DUI attorney well known in the LA area.  Client called seeking alternative sentencing.  Upon understanding her problem, Attorney SImmons told them not to hire her, that she technically already served her time under house arrest and for her attorney to file a points and authorities to outline the law. Attorney Simmons even spoke to her attorney regarding how to approach the case.  Weeks later, L.M.'s family called attorney Simmons to tell her L.M. was currently sitting in jail and would be there for the next 7 months.  Attorney Simmons was then hired, filed a motion based on the law she told the other attorney to write to the court.  Upon hearing the motion, the judge exclaimed "we made a major mistake" and immediately released an incarcerated L.M.  Horrible situation but ultimately resulted in no additional jail.

Case Results:  Immediately released from jail upon Attorney Simmons' Motion.

People vs. M.S. - One of the Worst DUIs Attorney Simmons has Seen (Non Manslaughter)

Case Facts:  Client was 21 years old, on felony probation for a prior DUI, on probation for another misdemeanor DUI, had a suspended license and drove 115 MPH with  a BAC of .17%.  This was the 21 year old's 4th DUI.  Absent someone dying, this was as bad as it gets.  Court wanted $275K in bail, to which attorney Simmons was able to argue out of.  For the felony probation violation alone, the prosecution and probation officer wanted to give her 2 years state prison.  Attorney Simmons was able to get ZERO JAIL for the felony probation violation.  Next came the Felony DUI.  Due to a motion, Attorney was able to get the case reduced from a Felony to a 3rd offense DUI and the case resolved for alternative sentencing.

Case Results: Felony probation violation resulted in ZERO Jail and felony reduction of 4th DUI to a misdemeanor DUI with no jail.

**Case Update - This 21 year old defendant with serious drinking issues is now 2 years sober, graduated college with full honors and is working a productive job.  Prior client will speak to anyone considering hiring attorney Simmons to explain their experiences with the firm in such a serious situation.

People vs. O.B.

Case Facts:  This was a very serious DUI offense.  Client was a 4th DUI while on probation for 3 prior DUIs, driving on a suspended license with a .17%.  Due to all the probation violations, the client faced 6 years state prison.  DA asked for 2 years state prison.  Attorney Simmons negotiated directly with the judge for alternative sentencing.  DA was so mad at the deal Attorney SImmons made with the judge, she yelled at the judge in open court, jumped up and down and stomped her feet.

Case Results:  Zero jail on 4th offense DUI while on probation for 3 prior DUIs

People vs. R.O.

Case Facts:  5th offense felony DUI whie on probation for 2 prior DUIS.  His license was suspended and he had a BAC of over 2x the legal limit of .08.  Client faced 4 years.  Prior attorney's offer was 2 year state prison.  (ask attorney Simmons who she got no jail on this case, the story is amazing).

Case Results:  Zero Jail time on 5th Offense DUI  Felony while on probation.

People vs. A.M.

Case Facts:  .30% DUI 4th Offense Felony.  DA asked for the maximum sentence of 3 years state prison and wouldn't budge.  Attorney Simmons negotiated this case with the judge and client walked with zero Jail.

Case Results:  Zero jail on 4th Offense DUI with .30% BAC.

People vs. E. L.

Case Facts:  Client had an attorney on the case that was asking him to agree to over six months in county jail for his third DUI arrest.  The client picked up another DUI, making it his 4th DUI felony out of the same court his 3rd DUI in. He hired the most famous DUI attorney in San Diego prior to hiring our firm.  He hired Attorney Simmons to take over the 3rd DUI and 4th offense felony DUI case.  At that point, the defendant was facing 3+ years state prison.

Case Results:  Case resolved for NO JAIL for both his 3rd and 4th DUI. 

People vs. J.B.

Case Facts:  This case was very serious third offense DUI that was filed as a felony because his case involved an accident where two people were injured.  There was a prior attorney on the case and the client was facing  4 years state prison.  The offer when we took over the case was 2 years state prison.

Case Results: Case ultimately resoled for ZERO JAIL for a 3rd offense DUI, Felony, with 2 injured victims.  - This shows you the difference between any DUI lawyer and one who knows what they're doing.

People vs. M.C.

Case Facts:  This was a very serious third offense DUI with a blood alcohol level 4x the legal limit, Hit and Run, Suspended License, while on probation.   With a .32%, attorney Simmons was able to negotiate a no jail time deal.  However, the judge was so outraged by the clients conduct, he would not accept the deal.  Ultimately, Attorney Simmons was able to get this case in front of another judge.  Case resolved for no jail.

People vs. O.S.

Case Facts:  4th Offense Felony DUI  while on probation.  Prosecutor wanted 2 years state prison because he was still on probation and his blood alcohol level was a .31% BAC.  Ultimately, case resolved for jail alternatives.

Case Results: No jail on 4th offense DUI while on probation with an extremely high BAC.

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