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Serving Los Angeles, Ventura, Orange County, and all Southern California since 1972.

Call DUI Expert Jon Artz today!

(310) 820-1315

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Creative (Alternative) Sentencing

Is it possible to avoid Jail or Prison in Difficult DUI Cases?

For Felony DUI cases where the facts are especially challenging -- cases involving accidents, injuries, or past convictions -- the prosecution will fight to put the DUI offender behind bars. In order to avoid the risk of prison/jail time -- and the emotional and financial cost of losing in an expensive trial -- Jon Artz utilizes Creative (Alternative) Sentencing to keep his clients out of jail.

Creative DUI Sentencing Options include:

  • Live-in rehabilitation programs ("rehab") as substitute for jail time
  • 12 Step Recovery programs like Alcoholics Anonymous (AA)
  • Ankle ("SCRAM") devices that detect the presence of alcohol
  • Local jails where a person serves 8 hours a day and returns home at night
Creative DUI Sentencing begins with recognizing the goals of the prosecution and Judge. Laws are designed to protect society. Drunk drivers present a serious hazard to the safety of others. MADD and law enforcement groups work hard to ensure that DUI cases are prosecuted to the full extent of the law. And California now has the toughest DUI laws in the nation.

Recognizing that the judge wants to deter the conduct, Mr. Artz creates sentencing alternatives that avoid incarceration but still protect society. Alternative DUI sentencing enables his clients to maintain their employment, and, when appropriate, begin a program of recovery.


True Felony DUI Stories

In a 2010 Jon Artz case, a hard working man in his 40s with a wife and two young kids was facing a felony DUI with serious injuries. Mr. Artz's client drove onto the wrong side of the road, struck a pedestrian on the sidewalk, and then drove away. The pedestrian was hospitalized for 30 days. The client had a prior conviction for DUI and a prior conviction for driving with a suspended license. The Prosecution demanded a felony conviction and a state prison sentence. Mr. Artz successfully kept this man out of jail by expertly using the Penal Code and case law to apply "custody credits" to a 30-day live-in rehabilitation program (in which the client was able to go to work during the day), and utilized a SCRAM device, daily A.A. meetings, and proof that he had obtained a sponsor. Such creative sentencing enabled Mr. Artz to convince the Prosecution and the Judge to agree on alternatives to incarceration which better served the defendant and society.

In a recent Orange County case, a young woman had a blood alcohol level of .20%/.19% and a prior conviction for DUI. The Prosecution offered 60 days of jail time at the arraignment. Mr. Artz utilized creative sentencing -- including Alcoholics Anonymous (AA) and a detection device for alcohol -- and successfully avoided any jail time. Since this young lady had a serious fear of jail, and there was a possibility of tremendous adverse psychological repercussions if incarcerated, the client and her father (a well-known attorney) were extremely grateful to Mr. Artz for resolving the matter without any jail time. (The D.A. was not so pleased).