Can I Substitute Rehab for My DUI Jail Sentence?
Drinking and driving can have some major consequences. Aside from hurting others, as well as yourself, there also comes trouble with the law. Realistically, the consequences depend upon the circumstances of your arrest and intoxication. For women, this can be an increasingly scary process that could result in spending time behind bars.
Primarily, everyone facing a DUI charge intends to stay out of jail. While this might not always be a possibility, there may be an alternative to incarceration. Women’s rehab facilities offer programs that interfere with the max sentencing and allow for addiction treatment and DUI help.
What is a DUI?
Driving under the Influence (DUI) is a charge that is usually enforced by the state government. It is presented to any person that operates a vehicle while intoxicated. The intent clause is also included in a DUI conviction, even if the action has not yet taken place. This often depends on the circumstances, as well as officer discretion.
Typically, a DUI references alcohol abuse, while DWI (driving while under the influence) refers to drug use. Depending on the location and the police department, or severity of intoxication, the terms can be interchangeable.
While typically enforced by the state government, the offense’s location can alter which agency will enforce charges. If a DUI is committed and an arrest has been made on federal property, it can become a federal case. This can result in more severe consequences, or potentially, a hold void of bail option.
DUI Blood Alcohol Versus Number of Drinks Consumed
A typical mixed drink or shot is made up of 1.5 ounces of liquor. The standard for what is considered one beer is the equivalent of 12 ounces, and for wine, 5 ounces. Though this can vary between brand and type, more interesting is the different effects on BAC between men and women.
In order to be considered eligible to drive legally, a person’s BAC, or blood alcohol content, must be under .08%. This occurs just after the one drink mark and slightly into the second per hour for the average person. After that point, a person is no longer legally able to drive.
Women, however, are metabolically at a disadvantage. This is because a man’s body, by nature, can tolerate more alcohol before feeling the effects. Additionally, for males, alcohol is flushed from the body more quickly due to more of a specific enzyme present.
Zero Tolerance and DUI Help Based on Age
Because alcohol has an age limit, to where purchasing it can be considered legal, the law reflects for those underage. Those who are of legal age to drive and purchase alcohol may be permitted to operate a vehicle when BAC is in the legal range. However, regardless of mature age or underage, a DUI charge is probable when over the limit.
Those under the legal drinking age, typically 21 years old, will not apply a legal BAC of .08%. In these conditions, a judge may be more likely to allow for rehab instead of jail. However, even those mature aged women needing addiction treatment can benefit from reduced sentencing when facing a DUI.
Why DUI Rehab is a Potential Option Instead of Jail
DUI rehab instead of jail, when facing the consequences of an arrest, can help individuals understand more about alcohol abuse. Rehab for substance abuse is best served as a proactive measure before getting to the point of legal trouble. However, for others, it provides both hindsight and insight into how alcohol works, making DUI help a deterrent of reoffense.
A great majority of the time, a person facing a first offense DUI can be granted leniency from the judge. However, this is not necessarily a free pass. But DUI help can be beneficial toward keeping you from incarceration. By allowing a person to get addiction treatment, instead of taking away their freedoms, society as a whole benefit. Taking into consideration that there will likely be some community service attached to your sentencing, time spent matters.
Opting for DUI rehab instead of jail can allow for more time to focus on getting healthy and sober. With a more focused mindset, you can complete your enforced punishment’s remainder and move forward with your life.
Individuals that participate in rehab instead of jail time are more likely to adjust to a life of healthy sobriety. This is why spending valuable time in a residential facility is utilized instead of imprisonment under some circumstances.
Residential Treatment DUI Help Instead of Incarceration
Residential treatment for addiction takes place within the safety and security of the facility. While on campus, lessons on addiction, coping skills, and therapy can be administered. This is often the most popular option for both the offender and agreed on by law enforcement. This is because attendance is required 24 hours a day.
Inpatient DUI rehab instead of jail requires temporary residence at the facility; however, it is not confined in the same way. Residential treatment facilities promote a comfortable and safe environment for addiction programs to take place. In fact, outdoor and social activities are encouraged as part of the healing process. This way, a woman facing a DUI can rehabilitate in a manner that encourages making healthy change moving forward. Residential DUI rehab instead of jail is the ideal alternative. It lessens the likelihood of repeating illegal acts without spending time behind bars.
Factors that Influence if Rehab Can Help with DUI
Some factors can influence whether participating in rehab instead of jail time is an option. It is likely going to be up to the judge in the long run whether this is a suitable route of punishment. However, some of the influential factors that contribute to the severity of a sentence include:
- How much a person had to drink before operating a vehicle based on blood alcohol level at the time of the arrest.
- Whether you were involved in an accident and caused harm or damage to another person or their property.
- Whether this is a first, second, or third offense involving prior conviction.
- If there was a minor (under the age of 18) in the vehicle.
- Whether the intoxicated driver maintained a legal driver’s license.
- Reckless or negligent driving provoking the traffic stop that led to DUI arrest.
- Driving record and driving history.
- Outstanding warrant or previous criminal record.
- Cooperation with the law enforcement officer during the time of the arrest.
- If this DUI had become lethal or deadly in any way.
- Untreated mental illness that may have encouraged unsafe behavior.
When a legal professional is reviewing the case, it may be recommended to participate in rehab instead of jail time. When this is the case, the negotiation may be brought up in court and approved, depending on the judge’s discretion. Getting help for alcohol addiction may take precedence over legal consequences. If this is the case, consider taking the offer to get a DUI to help from a rehab instead of jail time.
How a DUI Affects Women
By social design, women are often responsible for many aspects of their home and family life that require constant attention. Whether this refers to sharing household obligations, or child care, the prolonged absence could have devastating effects. Facing the potential sentence of a DUI could upset the balance and affect more than just their own lives.
In order to maintain financial and social standing, losing the ability to operate their vehicle could cause increased stress. This can upset the dynamic of the household. It can also lead to having an unbalanced structure for responsibilities that require travel to fulfill. This may even mean that the opportunity to get to and from work easily and quickly may be revoked.
When a woman faces the consequences of a DUI, there is much at stake. To preserve their transportation and freedom, DUI rehab instead of jail is a valuable option. A program designed for DUI help at a local rehab instead of jail time offers more than just addiction treatment.
It could mean getting back on track much sooner and losing much less of the freedoms we depend on. Compared to the alternative, DUI help is often a luxury option, as is getting help for an alcohol addiction simultaneously.
DUI Help for Women and Potential Consequences
The consequences of a DUI will often vary by state. However, there is typically a standard set of punishment that can be enforced. When impaired by the effects of drugs of alcohol, driving is both dangerous and reckless. Sometimes, it is intoxication itself that can allude to the notion that a person is capable of getting behind the wheel.
While alternative sentencing may be an option to utilize, DUI help may coincide with any of the following. Some of the potential consequences that may impact a woman’s life after a DUI include:
- Suspension or removal of drivers license:
- Removing the ability to drive a vehicle legally.
- Loss of commercial license:
- This can have an impact on business and finances.
- The burden of having to finance and install an interlock on the ignition of their car:
- This ensures that before allowing the car to start, a successful breath test must be satisfied.
- A DUI will tarnish their driving record and prevent them from benefits in the future:
- For example, this could impact their insurance in both eligibility and financially.
- A relatively hefty fine:
- This is typically standard but can also be imposed to be completed before driving privileges are reinstated if applicable.
- May have to spend a portion of time in jail:
- Some women may be granted the ability to participate in addiction treatment. DUI rehab instead of jail, may be an option. Alternatively, requesting DUI help may also lessen the time spent incarcerated.
For most individuals, getting a DUI is considered to be a misdemeanor offense. However, if a person was injured or even killed, the penalty could be more severe because of driving while intoxicated.
Partial Hospitalization Rehab Instead of Jail Time
The thought of having to spend time in jail is troublesome for just about anyone. However, for women that have responsibilities at home, such as taking care of their children, this can be more worrisome. In these cases, having to spend a duration of time residing in rehab may also cause distress.
Fortunately, rehabs designed for women that offer DUI help also have an option for partial hospitalization treatment. This is an option to utilize rehab instead of jail time while remaining able to fulfill child care needs. Partial hospitalization programs (PHP) are just as intensive as residential care and offer the same programs. However, they typically do not require the individual to retain full-time residence at the facility.
Women who face DUI charges and seek addiction treatment from rehab instead of jail time should inquire about PHP. In order to be able to fulfill obligations while receiving addiction treatment and DUI help, these programs were designed.
DUI Help Starts with Detox
No matter what type of addiction treatment a woman is looking to receive, detox is the first step. Participating in detox services for DUI help can assist in getting clean and prepared to face sentencing. It can also look great in court, showing initiative and remorse for illegal actions. Detox within rehab instead of jail can get you started on making real changes for your future. Within the facility’s comfort and safety, you can get DUI help and start making better decisions, functioning sober.
When Rehab Can Not Replace a Jail Sentence
There are some circumstances when it is not possible to utilize rehab instead of jail time. If there is misconduct at the time of arrest, it can certainly lead to this ruling type. However, with a first time DUI offense, the judge may consider allowing the opportunity for rehab instead of jail time.
Situations where jail time may not be avoidable with DUI help may also include when the individual is intoxicated AND:
- If the DUI offender caused an accident
- When a BAC exceeds what legally requires time incarcerated
- Negligent driving at high speeds
- Reckless driving in dangerous conditions
- If the act of driving under the influence endangered the life or lives of others
- If you have had more than 3 DUI assets within the last ten years
- If you have an open case, on probation, have a pending warrant, or are released on bail
Realistically, there may be other circumstances that would be applicable to this list. The important thing to remember is that expressing the desire to get help for addiction may impact sentencing. Even in the event where incarceration cannot be avoided, a reduction of the sentence may be available with rehab DUI help.
Helpful Ways to Suggest Rehab Instead of Jail Time
While rehab, instead of jail time, might not always be possible, missing the opportunity may be the fast track to reoffending. If doing the work to get sober appeals to you, it’s worth taking the initiative to bring that to attention. There are some steps you can take to increase the chances of court approval.
Some of these include:
- Having your lawyer or public defender write a formal request prior to your hearing.
- Choose a reputable rehab to avoid having your request deemed inapplicable or suspicious.
- Express your desire to get and remain sober.
- Opt for residential care, as the program requires 24-hour attendance in the facility.
If inpatient programs genuinely don’t fit your needs, especially in the case of child care, there may be another option. A reputable rehab that has women’s needs in mind will offer a program such as intensive outpatient care (IOP). This may be deemed applicable if you need to continue child care or a professional career on the line. IOP allows for treatment to occur during the hours you have available, aside from these obligations. This may also be applicable when applying for reduced jail time when ruled as absolutely necessary.
Interested in DUI Rehab Instead of Jail?
If you find yourself facing DUI charges, and are unsure of what happens next, consider rehab instead of jail time. Getting help for your addiction may be the one thing that changes what the future holds. You have your whole life ahead of you that could be enjoyed without the burden of addiction.
Before it’s too late, get out ahead of it and reach out to a women’s rehab for DUI help. Not only could you see less or no time behind bars, but you could also begin again sober. Don’t miss the opportunity that you have in front of you. Call now.