Legal Question in DUI Law in California

Factors for Sentencing

I am currently facing a third DUI in a six year span. The first two happened about a year apart and the third about 5 years after the second. My lawyer states that judges in this area like to sentence around 270 days. I have had some psychological problems including an attempted suicide and subsequent hospitalization approximately 1 year before I got my third DUI. I now see a therapist regularly but honestly don't know if I can handle a going to jail for that length of time. I have been going to AA and therapy since I got my third DUI. I wanted to know how much, if at all, these factors would have on sentencing. I especially curious to know about the psychological factor.


Asked on 1/10/05, 7:19 pm

2 Answers from Attorneys
Benjamin Berger Berger-Harrison, A Professional Corporation

Re: Factors for Sentencing

You may qualify for house arrest.

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Answered on 1/10/05, 7:26 pm
Lyle Johnson Bedi and Johnson Attorneys at Law

Re: Factors for Sentencing

YOu should be discussing this with your attorney. The psychological problems may be sufficient to convince the judge to give you an alternative sentence. Also you would be helping yourself by taking steps to reduce the likelihood of this happening again. AA meetings or other alcohol program would be helpful. Having a letter from your psychiatrist would be helpful.

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Answered on 1/13/05, 1:00 am


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