Can I Go to Rehab Instead of Jail for DUI?

Get Help After a Drunk Driving Charge with Treatment at Changes

When those red and blue lights start flashing in your rearview mirror, you know that something about your substance use has to change. A DUI charge can be the wake-up call you need to finally get help for your substance abuse, but it isn’t a guarantee.

But let’s get to the core question you came for: Can I go to rehab instead of jail for DUI charges?

A judge could order alcohol or drug rehab instead of jail time for those who are serious about never ending up in the court system again. You may qualify if you’re a younger offender with no history of substance abuse treatment, an alcohol use issue over illicit drugs, and can commit to an inpatient or outpatient treatment center.

Changes Healing Center exists to make you more comfortable during the early days of detoxing from alcohol or drug use. Please keep reading to learn more about how you can navigate drug court and land in our treatment center instead of jail.

Court Ordered Rehab for Substance Abuse Instead of Jail

If you find yourself caught with a DUI offense, you should know what options are available to you. While it may immediately seem like jail is the only option, judges can be flexible on your sentencing. Offenders who are serious about getting help for drug or alcohol abuse can request rehab instead of jail.

Make a note that this is not the same as court ordered rehab, at least initially. In most cases, this will be a proactive approach prior to sentencing or an offer presented by your attorney to the prosecution and judge.

The problem is that your options regarding jail time are limited by the judge you receive. Outside factors can make it more likely that you’ll have the option of rehab and influencing your jail sentence (or if you even serve any time at all). Here are a few factors that could influence your jail time and your ability to get help for drug and alcohol abuse.

Younger People May Qualify for DUI Rehab

While anyone can qualify for alcohol or drug rehab instead of jail, it’s more likely to be an option for the younger crowd who may have just come of age and started to partake in substances. Those who are under the age of 25 are more likely to have this kind of outcome from a drug court appearance, but it isn’t a hard and fast rule.

Leverage your age and let the judge know you want to make a change before you get caught in the throes of addiction. You might just find yourself getting help for alcohol addiction instead of being locked in a jail cell.

No History of Substance Abuse Treatment

It’s far more likely for a judge to waive jail time in favor of residential care if you have no history of this type of substance abuse treatment. They want you to get the help you need, but it might be a waste of time and money if you don’t take it seriously. First-time offenders are often the best candidates for any type of rehab.

If you have a history of attending rehab to help a court case, you can still convince a judge to let you return but it’ll be an uphill battle. Ending up back in court with a DUI proves that you didn’t take the lessons imparted in rehab seriously and may make them think twice about giving you a break.

Alcohol Abuse Over Drug Abuse

When a law enforcement officer pulls you over for driving under the influence, your honesty in what you have taken might play a role in whether you get DUI rehab or jail time. Judges are more apt to allow you to attend addiction treatment for alcohol abuse than they are for illicit drugs.

Drug courts want to make an example of people who take illegal drugs. There are consequences if you find yourself in possession of something illegal like heroin or cocaine. The punishment for possession may trump your need for addiction treatment.

On the other hand, alcohol is a perfectly legal substance (providing that you’re over the age of 21). One of the only alcohol-related crimes is driving under the influence. A judge who thinks that it might serve you more to get help for an alcohol addiction will order rehab.

Commitment to Outpatient Treatment Centers

Judges can order several different drug court programs for an alcohol-related crime. If they want you to seek addiction treatment, they prescribe either residential or outpatient care. Inpatient treatment allows you to live in a facility where you can undergo a medical detox, receive around-the-clock care, and learn how to live life without alcohol.

It’s an extremely beneficial program, but it isn’t right for everyone.

Instead, drug courts might order you to enroll in an intensive outpatient treatment program. You’ll need to be able to commit to driving back and forth or find reliable transportation. In this type of program, you’ll receive one-on-one therapy, group therapy, family therapy, and so much more.

To get this type of help, you will have to convince the drug court that you will reliably show up for your appointments and daily activities at the treatment program. Commitment to treatment over simply being coerced is key to successful outcomes.

Why Should You Get Court-Ordered Treatment Over Jail?

A substance-related crime is often the first sign that your use of drugs and alcohol has gone a step too far. Not only is it a mark on your driving record, but it’s a hit on your criminal record as well. It’s the very first step toward having involvement in the criminal justice system and most people want to avoid this at all costs.

Drug and alcohol rehab treatment helps you take the first steps back on the path toward being a law-abiding citizen. Here are a few reasons why you may want help for a substance use disorder in place of jail time.

Medical Detox for More Comfortable Withdrawal

Both jail time and an inpatient rehabilitation program are going to force you into sobriety. Drinking or using drugs simply won’t be an option while you reside in one of these facilities. The main difference between jail and a rehab center is your overall comfort.

A treatment center offers medical detox with medication-assisted treatment. Facilities like Changes Healing Center can offer you prescriptions to make you more comfortable as drugs and alcohol leave your system. We can help with nausea and vomiting, anxiety, insomnia, and more.

On the other hand, you’ll be left to deal with these on your own in jail. If you’re accustomed to using often, this time in jail will be significantly uncomfortable and potentially even dangerous.

Reduction in Criminal Behavior

Drug offenses can be quite serious, and many people who don’t get help for an addiction will be repeat offenders. The second time in court might not be as a DUI offender but as someone with possession of an illegal substance. It could also be a crime related to your alcohol and drug use.

The alternative is to get help for an alcohol or drug addiction when you have your first DUI conviction. If you can get help for your substance abuse and stick with the lessons learned in rehab, you have a far better chance of staying out of the criminal justice system in the future.

Easier Time with Re-entering Society

Jail time can leave you with some serious problems when you’re released. You might find that home is no longer waiting for you if you were unable to pay rent while incarcerated and out of work. A place of employment may not have waited for you to be released.

And it may be harder than ever to even find a new job with drug crimes on your record. DUI offenders who attend rehab instead of jail may have more flexibility to keep their employment. They could take advantage of FMLA to attend treatment, and their job will be held for them until they return.

This is even more likely if a judge only orders outpatient treatment and you can still attend your job in the meantime. Money continues to flow into your bank account, allowing you to pay your bills.

What to Expect from Court-Ordered Rehab

You’ve done it. You convinced a judge to give you alternative sentencing instead of jail time. Now, what can you expect from your upcoming DUI treatment program? Changes Healing Center offers each of our clients a comprehensive solution to help you overcome drug or alcohol use disorder.

Here is a taste of what you can expect when you enroll in our treatment center instead of serving jail time for a DUI offense.

Evidence-Based Therapies for Substance Use Disorder

Substance use disorders require intensive help to overcome the allure of drugs and alcohol. We offer an intensive program with a foundation of evidence-based treatments for those with a present alcohol or drug dependency.

Every treatment plan is tailored to the individual client, but they all include a combination of cognitive behavioral therapy and dialectical behavioral therapy, motivational interviewing, acceptance and commitment therapy, and more. These treatment modalities can be delivered via individual counseling or group therapy sessions.

This lays the groundwork for the heavy lifting you will have to do to get out of jail time by serving and participating in treatment.

Alternative Therapies to Complement Your Treatment Program

In addition to the treatment modalities seen above, you’ll also have the opportunity to participate in our alternative and complementary therapies. Changes Healing Center believes in equipping you with new coping skills that you can turn to in place of drugs and alcohol. We may introduce you to yoga, art, or music therapy.

In addition, you’ll learn important mindfulness techniques that can lay the groundwork for a meditation practice, more contemplation of your actions, and more awareness of how you feel at any moment. This is just a taste of what you might receive in our treatment center.

Changes Offers a Full Continuum of Care Following DUI Arrest

The truth is that substance use disorders aren’t a quick fix with a week or two of residential treatment. It takes months and even years of hard work to overcome addiction, so be sure to look for a treatment program that offers the full continuum of care like Changes Healing Center.

Oftentimes, inpatient treatment is the first course of action when ordered to a DUI rehab. It’s the most intensive form of treatment and gives you access to 24/7 care and attention. You won’t have the chance to use drugs or alcohol again while you reside in our safe and comfortable facility. It’s the first step to force you into sobriety.

From here, you can be discharged to partial hospitalization programs. This allows you to attend therapy during the day and return to your own bed at night. You’ll participate in many of the same therapies that you received during inpatient but with more flexibility to put what you learn into practice.

When ready, you can attend intensive outpatient where you spend just a few hours each week in the program. This gives you the ultimate flexibility, but it isn’t often the first choice of treatment when a judge is considering DUI rehab.

Get Help from Changes Healing Center Following a DUI

When you’re faced with the possibility of jail time for driving under the influence, it might be time to try to persuade the courts that you could benefit more from court-ordered rehab.

Changes Healing Center exists to help you find a path forward into sobriety where you can avoid the serious consequences of alcohol abuse and DUI charges.

Our enrollment team is ready and waiting to welcome you into our accredited facility. Let us answer your questions and verify your insurance benefits today!

References

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3. Osilla, K. C., Kulesza, M., & Miranda, J. (2017). Bringing alcohol treatment to driving under the influence programs: Perceptions from first-time offenders. Alcoholism treatment quarterly, 35(2), 113–129.
4. Kuppili, P. P., Parmar, A., Gupta, A., & Balhara, Y. P. S. (2018). Role of Yoga in Management of Substance-use Disorders: A Narrative Review. Journal of neurosciences in rural practice, 9(1), 117–122.
5. Aletraris, L., Paino, M., Edmond, M. B., Roman, P. M., & Bride, B. E. (2014). The use of art and music therapy in substance abuse treatment programs. Journal of addictions nursing, 25(4), 190–196.