Legal Question in DUI Law in California

I just got a 3rd dui plus probation violation 2 weeks ago, then a 4th 3 days ago because I was going to drive 1 mile out of 30 because my ride is 80 yrs old and couldn't see going over a windy, cliff road-what penalties am I looking at?


Asked on 9/05/09, 12:20 pm

3 Answers from Attorneys

Robert Marshall Law Office of Robert L, Marshall

A DUI with three separate convictions within ten years can be charged as a felony, punishable by up to three years in state prison.

I assume you mean the arrest two weeks ago had not made it to court yet, and you have not been convicted. Note that the law talks about "separate" convictions, not "prior" convictions. It was written that way so that the order of the convictions does not matter.

You're also looking at a year in jail on the third offense, and the probation violation on a second could also cost you a year in jail, minus any time you've already served in that case.

Since you're looking at a prison sentence, I would hire an experienced DUI lawyer right away. Your lawyer will probably recommend that you enter a long-term residential treatment program right away.

However, by the time somebody gets a fourth DUI -- especially with an accident, and just two weeks after an arrest for a third -- many judges are more concerned with protecting the public from somebody who gets drunk and crashes cars than with getting the defendant treatment.

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Answered on 9/05/09, 12:30 pm
Brian Dinday Law Offices of Brian R. Dinday

I certainly agree with Mr. Marshall, that you need a good lawyer right away, but I have to say: you are worried about how much jail time you might get, but do not seem concerned at all about having driven an 80 year old man over a windy, CLIFF ROAD while you were over .08 blood alcohol. If it has not occurred to you, you could be facing a MURDER charge next time, and could have been this time but for dumb luck. To avoid getting a life sentence and living with knowing what you did, perhaps you might think now about revising your life's drinking plans.

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Answered on 9/05/09, 5:00 pm
Terry A. Nelson Nelson & Lawless

If convicted, you are facing mandatory jail/prison time and substantial fines and penalties. This should not be a surprise. To make the best of your situation, you need to get legal help asap, to try to strategize what you should be doing long before you go to court. If serious about getting legal counsel, feel free to contact me; I've been doing these things fore several decades not.

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Answered on 9/07/09, 3:23 pm


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