Sentencing Alternatives: Sober Living Environments by Darren Kavinoky

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Sentencing Alternatives: Sober Living Environments
by Darren Kavinoky

Sentencing Alternatives:
Sober Living Environments

Sober living environments are a way for the DUI offender to avoid being incarcerated. Where a person has had multiple DUIs, or has a drug or alcohol problem that has not responded to past attempts at treatment, then sober living may be the best rehabilitative means of any of the other alternative sentencing options. The basic structure of a sober living environment involves the housing of only sober people, for both men and women. All residents are required to participate in planned daily activities, such as group meetings and 12-step programs. Each resident is required to contribute to the running and functioning of the household by performing a household chore.

Where a DUI offender is facing mandatory minimum time in the county jail, sober living environments provide an excellent alternative sentence to fulfilling the county jail time hours in the sober living environment. The hours spent in the sober living environment qualifies for the mandatory time in jail. Where a term of imprisonment is imposed by the court, the hours and days spent in the sober living facility will count against the mandatory imprisonment requirement. It is the duty of the court imposing the sentence to determine the date or dates of any admission to, and release from, custody prior to sentencing and the total number of days to be credited.

California Penal Code section 2009 defines the terms of sober living as a sentencing alternative to incarceration. The term of stay in the sober living facility may be credited to any base fines or restitution fines at the rate of not less than $30 per day, or more, in the discretion of the court imposing the sentence. Fines are often part of a sentencing scheme where the DUI offender is ordered to a jail stay or released on probation, yet is obligated to pay fines and do community service. If the total number of days in custody exceeds the number of days of the term of imprisonment, the entire term of imprisonment shall be deemed to have been served. In any case where the court has imposed both a jail term of imprisonment and a fine, any days to be credited to the defendant shall first be applied to the term of imprisonment imposed, and thereafter the remaining days, if any, shall be applied to the fine on a proportional basis, including, but not limited to, base fines and restitution fines.

In addition to the benefit of serving a term of imprisonment outside a county jail facility, sober living environments have the tremendous advantage to rehabilitate the DUI offender in a safe, controlled facility. The other participants in these programs are just like the DUI offender; those people who have had trouble with an addiction problem and are trying to rehabilitate themselves and get their lives back on track.

Author's Biography:

Darren Kavinoky is the founding partner of The Kavinoky Law Firm, a

criminal defense law firm with six offices throughout California. The

attorneys of the firm take pride in their constant continuing legal

education and unparalleled one-on-one client service. Every attorney at

the firm particpates in ten times the amount of education required by

the state bar.

In addition, the attorneys provide each client with a personal cell

phone number, and they make themselves available to clients at all

times. The attorneys of The Kavinoky Law Firm understand that there is

only one case that matters to you: yours! They are dedicated to treating

each client with personal service to ensure satisfaction.

Darren has defended numerous high-profile clients, developed key

relationships with media leaders, and earned public support for clients