QUESTION:
If I’m found guilty am I more likely to get maximum sentences? If convicted this will be my second dui in 3 years. If found guilty is there a chance I could get house arrest instead of jail time. I have a family to support and cant afford the time off work
ANSWER:
The chances of you being sentenced to 364 days on the new case (and possibly 178 days on the violation of probation case) are close to zero. The court does not charge a monetary fee for having a trial in criminal matters. You have an absolute right to a jury trial and there is not supposed to be a penalty for invoking that right (though the realpolitik of it is probably too complex to get into here). Ultimately, if you were to be convicted, and this is without any contemplation of your potential factual and legal defenses, getting house arrest in SLO County is a distinct possibility. House arrest allows people to go to and from work and a few other authorized places. If convicted, the standard fines, fees and assessments due and payable to the court on a second DUI in SLO County come to $2,661.
