Is jail time mandatory for a second DUI in San Diego?

If you’ve been charged with a second DUI in California, you’re likely feeling overwhelmed—and worried about how it could affect your job, your family, and your future. The good news? With the right legal strategy, there are often alternatives to serving actual jail time.

In this post, San Diego DUI attorney David P. Shapiro answers a real question from a man named Edward, who is facing a second DUI four years after his first. Edward wants to know how to minimize jail time so he doesn’t lose his job. Here’s what you need to know if you’re in a similar position.

Second DUI Penalties in California

A second DUI within 10 years is treated more seriously than a first. Even if it’s a misdemeanor, you’re facing a sentencing range of:

• Minimum: 96 hours (4 days) in jail
• Maximum: Up to 1 year in jail

The exact sentence depends on factors like:

• How recent your prior DUI was
• The severity of both incidents
• Your blood alcohol content (BAC)
• Whether any property damage or injuries occurred

Alternatives to Jail for Second DUI Offenses

Courts in San Diego County are increasingly open to non-custodial sentencing alternatives—especially for working professionals. Here are some commonly used programs that could help you avoid actual jail time:

1. CPAC (County Parole and Alternative Custody)

This is essentially house arrest with ankle monitoring. You serve your time from home under strict supervision—ideal for people with jobs or families.

2. SCRAM Monitoring

Wearing an alcohol monitoring bracelet (SCRAM) for an extended period may satisfy part of your sentence. It shows you’re committed to staying sober and taking accountability.

3. Sheriff’s Work Release

This program allows you to complete manual labor (like community service) instead of serving time in jail. One full day of work counts as one day of your jail sentence.

4. Work Furlough

You live in a supervised facility but are allowed to leave daily to go to your job. Your employer must be aware of your status, and the court verifies your employment.

5. RREC (Residential Re-Entry Center)

In this program, you stay at a facility while actively looking for work or working a job. It’s more structured but still preferable to being incarcerated in a traditional jail.

How to Increase Your Chances of Avoiding Jail

The most important step is hiring an experienced DUI defense lawyer. An attorney can negotiate for sentencing alternatives, highlight mitigating factors, and help you take proactive steps before your court date, such as:

• Voluntarily enrolling in alcohol treatment
• Completing community service early
• Wearing a SCRAM bracelet before sentencing
• Gathering character references and proof of employment

These efforts show the court you take your situation seriously and are committed to rehabilitation.

Talk to a San Diego DUI Lawyer Today

A second DUI doesn’t automatically mean jail time—but only if you have the right legal strategy. At our firm, we’ve helped countless clients reduce or eliminate jail time after a second DUI arrest. If you’re ready to protect your freedom and your job, give us a call.