Lindsay Lohan was released early from the Betty Ford Center after a 90 day stint in rehab.Lohan has had major difficulty with her probation and repeated problems with alcohol.I wish her the best in her recovery. However, Ms. Lohan’s problems illustrate some issues that arise in Tennessee drunk driving cases (DUI).
One question frequently asked question is whether one should go to rehab after they have been arrested for DUI.Will it help my case ? Can I get jail credit for time I spend in alcohol treatment ? Well the bottom line answer is maybe.
If you were convicted of a DUI second offense charge in Tennessee , you can get up to 28 days jail credit for inpatient alcohol or substance abuse treatment.Warning.Some jurisdictions will not allow jail credit prejudgment..So you go to alcohol treatment before you settle the case. Some District Attorneys will not give you credit.Tennessee case law supports their position.However , Davidson County DUI prosecutors are more enlightened and will normally give credit for inpatient treatment. I think this is the better course in that it encourages those to seek help for a substance abuse problem.
One other lesson to learn from Ms. Lohan is to follow the rules of probation to the letter. From my limited knowledge of the case, she did everything possible to violate her probation.If you violate your DUI probation , it is possible the entire sentence will be served.
Warning before you check in to rehab consult with your DUI lawyer.