Legal Question in DUI Law in California

three DUI

about seven years ago my husband got three dui in a time frame of about 72 hours he left the state after that without appearing on these charges. just recently he was again picked up for a DUI in OR his warrents came up and he is now going to turn himself in here in cal. what sort of sentancing is he looking at. does the three strikes law apply to him. thank you


Asked on 8/11/03, 5:28 pm

1 Answer from Attorneys

Robert Miller Robert L. Miller & Associates, A Law Corporation

Re: three DUI

Thank you for your inquiry, and I'm sorry to hear about your husband's cases.

For a case that old, I can't recommend strongly enough that your husband get an attorney. At best, it may be possible to get these cases dismissed, and even in a worst case scenario, it would be possible to negotiate a package deal that is likely much better than what your husband would get if he pled guilty. Under California law, a court is permitted to allow an attorney to appear on his behalf, so he would not have to keep flying out here to handle this.

Otherwise, the DUIs would not fall under the "three strikes" law, which is for violent felonies and repeat offenders after pleading guilty, neither of which apply here. The minimum and maximum for each DUI would be one year in jail and a one thousand dollar fine plus tax (penalty assessment). With several DUIs so close in time, a judge may seek to sentence your husband above the minimum, and because there is the possibility of jail time, I again urge you to seek an attorney's assistance.

I hope this helps, but if you need more information, want further questions answered, or feel that you need legal representation, please feel free to email me directly at [email protected]. I am happy to help in any way that I can.

Read more
Answered on 8/11/03, 8:04 pm


Related Questions & Answers

More Drunk Driving & DUI Law questions and answers in California