Legal Question in DUI Law in California

Is jail time mandatory for someone who was 3 times the legal limit, crashed into 3 parked cars and is still on probation for first DUI in CA?

Asked on 8/16/13, 2:13 pm

3 Answers from Attorneys

John Laurie Gertz and Laurie

You need a good attorney as from what you say I would expect jail time.

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Answered on 8/16/13, 2:25 pm

Joe Dane Law Office of Joe Dane

Yes, there is a mandatory minimum. However, if this occurred in Orange County, the prosecutor is definitely going to push for more than just the mandatory minimum. The probation violation, collision(s) and the high blood alcohol level will definitely factor in.

However - there can be alternatives to serving actual jail time. Rehab or house arrest are possible alternatives.

If this happened recently, you only have 10 days to contact they DMV to schedule a hearing or they'll suspend your license for a year based on the second DUI and the probation DUI.

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Answered on 8/16/13, 3:26 pm
Terry A. Nelson Nelson & Lawless

Nothing is 'mandatory' unless convicted, but "likely" is a word you should get used to. If serious about hiring counsel to try to help keep you out of jail, feel free to contact me. I've been doing these cases for many years.

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Answered on 8/16/13, 11:12 pm

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