California Dui Sentencing Alternatives

Former Tulare cop gets 8 days of jail time for DUI

The ex-Tulare cop who wrecked her patrol car into a fence in Visalia pleaded no contest to drunken driving charges Thursday, avoiding a public trial.

Shannon Oliver, who was terminated from the Tulare Police Department after charges were filed against her in March, was sentenced to eight days in jail and five years of probation. She has 45 days to remand herself to the Bob Wiley Detention Facility or apply for an alternative program, such as home monitoring or the Sheriff's Work Alternative Program.

Oliver's attorney, Sara Bratsch, appeared in court Thursday on Oliver's behalf. She entered a no- contest plea to one count of driving under the influence and a special allegation that her blood-alcohol level was above 0.15 percent. As a result, Oliver must also attend nine months of DUI classes.

"She didn't get off easy or get any special treatment," Bratsch said. "She's ready to get this done and move on."

Court fines and educational classes related to the DUI will cost Oliver more than $3,000. Drivers with convictions like Oliver may also be required to attend Alcoholics Anonymous classes and may have a suspended license for up to a year, according to the California Department of Motor Vehicles website. The department may also add fees to have the license reinstated.

Because of her high blood-alcohol content, Oliver must do a nine-month DUI program that will include weekly classes of two hours each. The classes will include group sessions and educational classes. The nine-month programs are typically reserved for offenders with prior DUI convictions or high blood-alcohol levels.

According to court records, Oliver's blood-alcohol was 0.22 percent, nearly three times the legal limit of 0.08 percent.

"If you have more than one DUI or a blood-alcohol above 0.2, we assume there's a bigger problem going on," said Ann Kondas, the program director for Alternative Services, who wasn't directly involved in Oliver's case. "DUI is a very serious problem in Tulare County."

Mothers Against Drunk Driving estimates an average driver arrested for DUI has driven drunk 87 times. More than 3,000 people died in California in 2009, the latest numbers available, because of an alcohol-related crash, the California Office of Traffic Safety reported.

Oliver, a Tulare officer from 2005 until May, was arrested and released March 4 after driving her Tulare patrol car into a fence along Walnut Avenue in Visalia, where the road curves into Plaza Drive, Visalia police said. She was not booked into jail and was released to a family member after her arrest.

Will a California DUI Conviction Always Result in Jail Time ...

Drivers who are convicted of driving under the influence (DUI) in California face a variety of consequences, including license suspensions, monetary fines, mandatory alcohol-education program attendance, and jail time. The good news is that many in the California criminal justice system recognize that a jail cell is not often the best place to rehabilitate a DUI offender. Therefore, many California DUI defendants are eligible for sentencing alternatives in lieu of jail time and as part of plea bargain agreements.

Here is a summary of a few of the sentencing alternatives that may be available to drivers facing a California DUI charge.

One alternative allows California DUI offenders to receive good time/work time custody credits that are exchanged hour-for-hour in lieu of suspended jail time. In this situation, as long as the individual continues to work and stay out of trouble, he or she will spend little or no time incarcerated. This is a form of probation and most often is combined with another sentencing alternative.

Another option is known as the “work furlough” alternative. This option allows  California drunk driving offenders to maintain their current jobs, but after work return to and sleep at dormitory-style facilities.

Finally, some California DUI offenders are allowed to serve their jail sentences at private jails, which are often referred to as “city jails.” These jails provide a non-threatening environment for California DUI offenders rather than a traditional jail and are often located at a local police station or other separate facility.

Of course, the arrangements above are just a few examples. It is important to speak with an experienced California DUI defense attorney who can determine what sentencing alternatives may be available for you.

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