11/03/2025
We appreciate CalMatters bringing attention to the issue of repeat DUIs offenders in California. https://calmatters.org/investigation/2025/10/california-dui-failure/
As way of clarification, for 3rd DUI offenders our office regularly seeks 180-240 days "County Jail" as a component of a sentence with 3 years of probation. Due to a variety of "programs" and good-time calculations (required by the State Penal Code) that time is regularly served at "half" meaning that they would only do about 90-120 days "County Jail" and would also regularly be eligible to serve that time as "Home Confinement (Electronic Monitoring) or Weekend/Work Release."
Our office feels this often sends the wrong message because they are often returned home too quickly. As such our office seeks, that as part of any 180-240 day sentence they serve a minimum of 60 sequential days in physical custody at the local jail (which due to sentencing laws reads as a sentence of 120 days "no programs."). After that period of service of in custody time then they may finish some balance of time on re-entry / confinement alternatives. (e.g. House Arrest w/ alcohol and gps monitoring etc.). We are fortunate that the judges in our county have been willing to sentence to these enhanced confinement sentences.
In 2024, one of our attorneys Tobias Hasler submitted a legislative proposal request to CDAA for enhanced DUI penalties for a DUI committed out on bail or OR for a subsequent DUI allowing that "out on bail" DUI to be treated as a felony. Even if only the "second DUI." This was because if someone is so willing to drive DUI while out on bail or OR they represent (in our opinion) a grave risk to the motoring public, given their already demonstrated lack of attention to the initial consequences. The terrible reality is that traffic collisions caused by offenders who are DUI in our county are one of the most common ways people will be victimized in our county.
As alcohol-related roadway deaths spike across the state, a CalMatters investigation finds California has some of the weakest DUI laws in the country.
