It is possible to avoid serving a jail sentence in situations where one pleads guilty or is found guilty of a motor vehicle violation or, more specifically, drunk driving and the conviction requires a jail sentence. A third or subsequent to a third conviction for drunk driving requires a jail sentence of 180 days, of which 90 days may be served in an in-patient alcohol or drug rehabilitation program. Additionally, if a prior dwi conviction was the result of a guilty plea
where you had no attorney and were not advised by the judge of your constitutional right to have the services of legal counsel you may be able to avoid a jail sentence on a third coviction for dwi.
Work release by a court so that a person imprisoned as a consequence of being convicted of the drunk driving, the first or second time, may be released for the purpose of going to work each work day and returning to jail when not working, is possible.
Many counties have a program that is known as S.L.A.P., which stands for Sheriff's Labor Assistance Program. Under this program an individual sentenced to a term of imprisonment may satisfy this sentence by doing work as required by the County Sheriff, 8 hours of work counting for a full day of imprisonment.
Many counties have a program by which an individual sentenced to a term of imprisonment may satisfy such sentence by being under house arrest. This permits the person to leave his or her home during certain hours for the purpose of going to work; going to the store; going to school or going to the doctor. New Jersey Statute 2C:43-2 provides that in a criminal case a defendant may be sentenced to imprisonment at night or on weekends with liberty to work or participate in training or educational programs. This program is not available on a third conviction for drunk driving.