2900.5 Time
Under California Penal Code section 2900.5, time spent in alternative settings such as rehabilitation facilities can be substituted for jail time in DUI cases and other offenses. The experienced California DUI attorneys of The Kavinoky Law Firm are committed to helping eligible clients seek out alternative sentencing whenever possible.
DUI convictions in California can result in significant time in jail or even state prison. The difference between the two is that all sentences of one year or less are served in county jail; DUI sentences of one year or more are served in state prison. There are substantial differences between county jail and state prison in terms of credit for time served, the accommodations, the kind of supervision following release from custody, what can be done to clean one’s record afterward, and much more.
Some DUI cases are certainly more “aggravated” than others, such as multiple offenses, cases involving accidents, and felony DUIs, including vehicular manslaughter and DUI homicide resulting in murder charges. In these types of cases, where the accused is looking at significant custody time, every possible sentencing alternative should be explored. One possible such sentencing alternative, especially in cases involving drugs or alcohol, is to spend time in a rehabilitation center, hospital, or residential sober living environment.
One of the unique features of The Kavinoky Law Firm is that we work closely with licensed substance abuse experts, who will help advocate for rehab as an alternative to jail or prison in appropriate cases. This is not to say that we are quick to brand our clients as alcoholics or addicts; we simply want to explore every possible option to help meet our clients’ needs, and for many clients (especially those who are facing an aggravated DUI case), time spent in a rehabilitation facility is preferable to time spent in jail. Obviously, if our client is suffering from a problem with alcohol or other drugs, we want to do everything in our power to help.
California Penal Code section 2900.5 is the legal authority for the notion that time spent in a restricted residential environment can count just like time spent in jail or prison. Subsection (a) of this code section states that:
In all felony and misdemeanor convictions, either by plea or by verdict, when the defendant has been in custody, including, but not limited to, any time spent in a jail, camp, work furlough facility, halfway house, rehabilitation facility, hospital, prison, juvenile detention facility, or similar residential institution, all days of custody of the defendant, including days served as a condition of probation in compliance with a court order, and including days credited to the period of confinement pursuant to Section 4019, shall be credited upon his or her term of imprisonment, or credited to any fine on a proportional basis, including, but not limited to, base fines and restitution fines, which may be imposed, at the rate of not less than thirty dollars ($30) per day, or more, in the discretion of the court imposing the sentence. If the total number of days in custody exceeds the number of days of the term of imprisonment to be imposed, the entire term of imprisonment shall be deemed to have been served. In any case where the court has imposed both a prison or jail term of imprisonment and a fine, any days to be credited to the defendant shall first be applied to the term of imprisonment imposed, and thereafter the remaining days, if any, shall be applied to the fine on a proportional basis, including, but not limited to, base fines and restitution fines.
Although the language of this code section appears to be clear, court rulings have made this a very complicated area, especially as it relates to DUI cases. There are other code sections, specifically some contained in the Vehicle Code related to DUI sentencing, that make this especially complex.
However, the lawyers at The Kavinoky Law Firm have extensive experience in this area, and know just what to do to ensure that our clients have an opportunity for alternative sentencing, and that the courts recognize and give credit for this in a DUI case.
If you’ve been arrested for DUI, the top California DUI attorneys of The Kavinoky Law Firm can explain how alternative sentencing, and the provisions of California Penal Code section 2900.5, can work to your benefit. Please contact a skilled California DUI lawyer today at 1-800-NO-CUFFS for a free consultation.
