Can I Go to Rehab Instead of Jail for DUI Charges in Georgia or Nationwide?

The Realities of Seeking Rehab In Place of Jailtime For A DUI

Sometimes, a driving under the influence (DUI) charge is what helps a person realize they need help for alcohol or substance abuse. Getting a DUI charge can be scary, with consequences such as jail time, license revocation, and hefty fines. It can also weigh on your conscience.

But jail time is not a certainty, and there are ways to help your case.

 If you find yourself asking, “Can I go to rehab instead of jail for DUI charges in Georgia?” There are multiple factors to consider. Alcohol and drug rehab is a possible alternative to jail time for some DUI offenders. Some, but not all. The state you live in is just one of them.

Ingrained Recovery’s dual diagnosis and addiction treatment center provides evidence-based addiction treatment in Georgia. We’re here to act as a resource for those with DUI charges, including clear information about what to expect and how our team can help if you reach out.

Can I Go to Rehab Instead of Jail for DUI Charges in Georgia? Understanding State and Nationwide Laws

Eligibility for drug and alcohol rehab instead of jail for DUI in Georgia varies. Some are more likely to have this opportunity than others. Overall, repeat offenders get more severe consequences. Factors that influence whether you can go to rehab instead of jail for a DUI in Georgia include:

Number of Total DUI Offenses

If this is your first DUI, it’s more likely that you can replace jail time with rehab. In Georgia, your first impaired driving charge warrants possible jail time up to one year. A second offense within five years carries a minimum of 48 hours and a potential sentence of 90 days to a year. A third offense within five years comes with a mandatory minimum of 15 days.

Criminal Record and Cooperation

People with an existing criminal record or a warrant have a harder time avoiding jail. If you do not cooperate with law enforcement at the time of the DUI, or if you engaged in other illegal acts at the time of the DUI (e.g., aggressive driving), this can also impact your case.

What Does Court-Ordered Treatment Following a DUI Involve?

Court-ordered treatment is when you’re legally mandated to attend an addiction treatment program. Although it can act as an alternative to jail time in some cases, you can be mandated to drug rehab whether you do or don’t go to jail.

Sometimes, if you do have to go to jail but cannot get rehab as an alternative to incarceration, you can get reduced sentencing by showing the court that you’re taking steps in the right direction. This can include getting help for addiction and complying with legal orders.

The purpose of court-ordered treatment is to address drug and alcohol abuse and its underlying causes. Even though you cannot change the past, you can avoid new or worsened consequences of substance misuse by getting help.

What are the Typical Consequences of a Drunk Driving Charge?

A jail sentence is not the only possible consequence of drunk driving. In 2023, 12,429 people died as a result of drunk driving crashes. In any case, it is something to take seriously. In addition to drug and alcohol rehab, the court may also order:

• Fines. First-time offenders face a minimum fee of $300.00 in Georgia. Repeat offenders may face up to $5,000.00 in fines.
• Probation. A common part of a DUI sentence, probation often involves conditions such as drug testing and regular meetings with probation officers.
• Community service. Drug court may order you to complete anywhere from 40 hours to 30 days minimum of community service, depending on your driving record.
• Educational programs. These are court-ordered classes that help people understand the consequences of impaired driving.
• Licensed suspension or revocation. You may get your license suspended or taken away.
• Ignition interlock device. An ignition interlock device is connected to a breath test, which detects alcohol and prevents drunk drivers from being able to start the car.
• Victim impact programs. People with a DUI conviction may participate in a victim impact program, which involves spending time with survivors and loved ones of persons affected by drunk driving.

Most people with a DUI conviction never intend to hurt someone, but the consequences can be fatal. Treatment can help you find peace of mind.

What are the Different Types of DUI Rehab Programs?

Depending on the circumstances, people with DUI charges might participate in any combination of the following program types, alongside anything else ordered by the court.

Inpatient Addiction Treatment

Inpatient treatment involves living onsite at a treatment center like Ingrained Recovery, usually for around 28-60 days. There are many benefits to this type of program. For example, you will be in a substance-free setting, making it impossible to use drugs or alcohol.

Inpatient treatment for drug dependence is also known for providing intensive therapy services. While in inpatient drug rehab, you’ll follow a full daily therapy schedule, consisting of group therapy, individual therapy, and other activities.

Partial Hospitalization Programs

Partial hospitalization programs (PHPs) are a type of outpatient program. Also called day treatment, these programs let people get highly structured therapy for substance abuse issues without living on-site at a treatment center.

Most PHP treatment schedules involve attending therapy about five days per week (sometimes more) for most of the day. The time commitment is similar to that of a typical work schedule, leaving little room for other responsibilities.

Intensive Outpatient Programs

An intensive outpatient program (IOP) meets for fewer total hours per week compared to PHPs. While every IOP is different, people in this type of program usually come to therapy a few days per week.

For this reason, an IOP is likely ideal for those seeking DUI rehab who need to balance responsibilities like work with treatment. Programs like IOPs can also ease your transition out of a higher level of care.

What to Expect in Alcohol Rehab at Ingrained Recovery

Ingrained Recovery offers medical detox and inpatient addiction treatment. We’re here to help you establish a strong foundation for recovery. The admissions process starts with an intake assessment. From there, we help clients build individualized treatment plans.

Many people spend about 3-10 days in detox when they first enter treatment. Detox helps you get off drugs and alcohol safely. Medical professionals are there to address withdrawal symptoms as needed until you are physically stable.

The residential inpatient program at our center in Georgia uses the most evidence-based treatments for addiction and co-occurring disorders. You’ll learn coping strategies and develop a lifestyle structure that’ll help you create a healthier future, all based on your unique needs.

The Role of Aftercare Planning Following Rehab for a DUI

As your time in inpatient addiction treatment at our center comes to a close, we’ll help you make an aftercare plan. This may involve referrals to an outpatient substance use disorder program, therapist, or other healthcare professionals for continued care.

After successfully completing an inpatient program, you might also benefit from resources like support groups or sober housing. If you need help finding any of these resources or navigating anything else as you transition back into typical daily life, we can help.

Additionally, Ingrained Recovery has an alumni program for former clients. This program lets you check in with treatment staff and get ongoing support after you leave.

Call Ingrained Today for Supportive Alternatives to Jail for a DUI

Whether drug-related crimes are involved or not, Ingrained Recovery is here to help you or your loved one heal from addiction and its effects. Our trusted treatment facility has a variety of specialized programs and services, including resources for people facing DUI charges.

We’re here to make drug and alcohol addiction treatment that works accessible. Our programs in Eastman, GA, are covered by most forms of insurance and other payment methods.

Please call our admissions line to start your recovery journey today.

FAQs About Going to Rehab Instead of Jail for DUI Charges

What is the minimum jail time for DUI?

Minimum jail time for DUI charges varies based on the state you’re in and other factors, like whether you have an existing record in the criminal justice system. In Georgia, first-time offenders don’t always go to jail, but second-time offenders face a minimum of 48 hours.

Is going to rehabilitation better than jail for a DUI?

Yes. Going to treatment instead of jail means that you can get help for substance abuse as an underlying cause. It provides a necessary support system, and successful completion of drug abuse treatment programs can make a positive impression on the legal system.

Is it possible to get a DUI and not go to jail?

Yes. Some DUI offenders can go to rehab without needing to complete a jail sentence. However, this is more likely to be an option for first-time offenders.

Are people in court ordered rehab more likely to finish treatment?

Research suggests that those receiving mandated treatment are more likely to finish their program. This can be one of the benefits of court-ordered rehab, as completion of a treatment program is one factor associated with better recovery outcomes.

Can I refuse court-ordered treatment?

Yes and no. Generally, you can only refuse to attend treatment mandated by the court in exchange for other legal penalties.

How long does a person stay in rehab for drug crimes?

It depends. The court may mandate someone to drug rehab for different lengths of time. Drug rehab tends to last about 30 days to one year, especially with a step-down approach (starting with a higher level of care followed by lower levels of care) applied.

References

1. Impaired driving laws. GOVERNORS OFFICE OF HIGHWAY SAFETY IN GEORGIA. (n.d.).
2. Drunk driving. NHTSA. (n.d.).
3. Coviello, D. M., Zanis, D. A., Wesnoski, S. A., Palman, N., Gur, A., Lynch, K. G., & McKay, J. R. (2013, April). Does mandating offenders to treatment improve completion rates?. Journal of substance abuse treatment.