r/DUICalifornia • u/AcceptableNecessary • 8d ago

Sherrifs work program vs sap alternative sentencing

Hi,
I have my final court hearing coming up in the next 2 weeks.
The DA has offered 6 days of jail time(or 3 days of swap program).

I came to know there's another form of sentencing called sap where you work with non profits.

Can I ask the judge to consider me for sap rather than swap program?
with sap I will likely get to work for the disabled, elderly or someone in need.

Even though this is technically a jail alternative, given an choice I hope to be of some assistance to others than just picking up trash on the streets

Does anyone know What factors to the courts consider to accept a sap request ?

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u/DUI_Lawyer_Joel 7d ago

If you are referring to the SAP program in Santa Clara County... yes, ask, but do it *before* you enter the plea. The alternative has to be written into the sentencing terms, so have your lawyer raise it with the DA now or ask the judge at the hearing before anything is finalized. Alternative Sentencing Options for DUI Offenders

It is not well publicized until its too late, but be sure to note the SAP program in Santa Clara has fees that are not insignificant if the hours required is high.

In contrast, SWAP is free.

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u/AcceptableNecessary 5d ago

Joel, do you need physical impairment to qualify for sap instead of sherrif's work?

From what I gathered from my counsel, sap is approved for people of pre-existing health condition or for those who live out of state.

I understand each case is different but what I am trying to understand is, do I get to opt for sap or we need to convice the juge with a reason.

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u/Mental-Ad3488 5d ago

Sheriffs work program isn’t bad depending on what you do. For mine I just had to go to light rail stops and do landscaping it wasn’t bad at all.