How To Avoid Going To Jail If You Are Guilty Of DUI

A driving under the influence (DUI) conviction may or may not attract jail time depending on your defense. However, going to jail is an experience most people would rather avoid. Here are a few measures you can use to avoid jail even if you are guilty of DUI:

Plea Bargain

This is where you enter a guilty plea and the prosecutor reduces the severity of your charges and sentencing. However, it's advisable to consult an attorney before making such a deal with the prosecutor. Here are three ways an attorney can help you with a DUI plea deal:

  • Reach a compromise between your desires and what the prosecutor is offering.
  • Ensure that the deal is formalized in front of the judge.
  • Avoid making mistakes, such as admitting your guilt before the deal is formalized.

Hopefully, your plea bargain will result in alternative sentencing, such as community service, instead of getting sent to jail.

Fight for Deferred Adjudication or Pretrial Diversion

Deferred adjudication or pretrial diversion allows qualified offenders to avoid convictions after meeting some conditions, and you can't go to jail if you aren't convicted. For example, you may be required to complete a rehabilitation treatment, attend a specified number of counseling sessions, or complete some hours of community service work.

There are usually a few conditions you have to meet before qualifying for these programs. For example, you may be excluded from the programs if you have benefited from the similar programs in the past. Your attorney will advise you on what you need to prove to benefit from pretrial diversion or deferred adjudication.

Check Yourself into Rehab

Checking yourself into a rehabilitation center will help you on more than one level. For one, if you are battling addiction, the rehab will help you to deal with your problem. Secondly, voluntary rehabilitation may also help with your DUI case by signaling to the court that you are doing everything possible to help yourself. Your DUI attorney can argue that you are working on solving your drinking problems and there is no need for further punishment from the court.

All the above measures show that you don't have to go to jail when charged with DUI. It all depends on how you approach your defense; a strong defense can result in alternative punishments that are sell severe than serving time in jail. The next time you are nabbed for DUI, get a DUI lawyer to help you avoid jail time even if the court finds you guilty. Contact an attorney like John M. Ogden for more info.

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