Legal Question in DUI Law in California

If you mean that he just got arrested for his third in CA within 10 years of two others that the District Attorney finds and charges as priors, then he better get a good lawyer and beat or reduce the new case because the statutory minimum pursuant to Vehicle Code Section 23548 is 120 days jail for a DUI with two priors. Jail alternatives are tougher to obtain as the number of priors increases. He would also be exposed to a new 18-month DUI program and at least one year off the road, thanks to DMV, plus fines and likely 5 years probation, no alcohol, etc, depending on the county where he was arrested. If he was driving on a suspended license at the time, or had a high blood alcohol level, or violated his probation on a prior case, or other types of aggravating circumstances, then the penalty exposure increases.

If your friend's case is in Sonoma County, and he wishes to get serious help, then feel free to contact me, or browse this type of information on my website at www.sonomacountyduilawyer.com.

Good luck to him,

Jake

If the prior DUI convictions were within ten years and the elements of a DUI in the other state are the same as California:

120 days jail, minimum

18 month DUI school

Three year drivers license revocation.

Plus fines of more than two thousand dollars, vehicle impoundment and other consequences.

Your buddy needs to contact DMV within ten days of his arrest to set a hearing or his license will be automatically suspended.

A good DUI lawyer will always carefully examine an out of state DUI to be sure it counts as a prior. California requires some actual driving, which can be proven with circumstantial evidence; some other states allow a DUI conviction if you're just sitting in a car with the keys in your pocket.

If convicted: Mandatory jail time, mandatory loss of license, alcohol school, large fines, ignition interlock, probation. Separately, DMV with suspend or revoke driver's license automatically unless an appeal is filed within 10 days of arrest. Now, if serious about getting legal help in this, and the case is in SoCal court, feel free to contact me.