Some 1st time DUI offenders in San Jose can avoid jail thanks to pilot program

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Some 1st time DUI offenders in San Jose can avoid jail thanks to pilot program
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Officers will decide case-by-case to either take the first-time offender to jail or arrest them with a criminal citation and allow them to sober up.

"Our main jail was basically used as a sobering site, and that really prevented officers from getting back to patrolling neighborhoods because they have to wait 45 minutes to an hour while the individual is being booked and completely charged," Aguirre said.

Aguirre says recent data shows 1,500 people arrested on misdemeanor DUI, were released within 24 hours. He also says first-time DUI offenders are offered substance abuse services with Horizons. Still, Mothers Against Drunk Driving or MADD, say 30% of all crashes in California are DUI-related, and it considers any DUI offense a serious crime.

"Most people who finally get a DUI, have driven drunk 80 times. So, the statistics show that even if you’ve just gotten your first DUI, that’s usually not your first time getting behind a vehicle when you’re impaired," said Patricia Rillera, MADD California State Executive Director.

"If the arrestee is charged with a felony DUI, they’re not eligible for this program. If an individual themselves want to be booked into custody, they will be booked into custody," Aguirre said. Aguirre says they will review the data after 6 months to make sure the program is equitable and working. MADD says they’ll continue advocating for people to make better choices, like using a designated driver, or calling a ride-share company.

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