August 5, 2010

Lindsey Lohan Released from Jail

After being ordered to serve 90 days in jail for violating the terms of her California DUI probation, actress Lindsey Lohan has been released…and after serving only 14 days in the Lynwood facility. She was immediately taken to UCLA to begin her 90-day rehab sentence.

Although jail overcrowding and “good time” credits are responsible for significantly reducing jail sentences, the prosecutor on the case has stated that Lohan will have to serve her entire 90-day rehab sentence.

This is because judges have little control over when jail facilities release their inmates. They do, however, retain control over other California DUI probation conditions, which can include participation in drug and/or alcohol rehabilitation programs.

If Lohan doesn’t comply with the program…and, yet again, violates her probation…she will likely serve another jail sentence.

October 19, 2009

California DUI School

A court-ordered alcohol/drug education program (otherwise known as California DUI school) is a mandatory condition of a DUI probation sentence.

Depending on whether it is your first, second, or subsequent DUI conviction…or even your first or second California wet reckless conviction…the judge will sentence you to between 12 hours and 30 months of DUI school.

The length of the programs, the curriculum of the programs, and the fees of the programs are all drastically different. However, all DUI programs do share several common characteristics.
First, you must enroll in a California DUI school within 21 days of your DUI sentence.

Second, you must provide proof of enrollment and completion by the dates that the judge orders you to do so. Failure to abide by these terms could result in a California bench warrant and/or a DUI probation violation.

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August 27, 2009

Zero Tolerance Law in DUI Probation

Most people convicted of a California DUI get probation. This usually lasts from three to five years, and includes certain "terms and conditions." Violating the terms and conditions subjects the person to a probation violation, and possible jail time.

One standard term of probation in California DUI cases is that the person "not operate a motor vehicle with any measurable amount of alcohol in your system." This means if the person gets stopped and blows even a .01 BAC, he is in violation of his probation. In other words, he cannot drink and drive, period.

In reality, most people on California DUI probation violate this term. Most are at least social drinkers, and they continue to drink and drive, but are just much more careful. But by doing so, they take a considerable risk. A probation violation can subject them to six months or more of jail time.

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