Legal Question in DUI Law in California

We live in California and my husband has been charged with a 4th DUI. He was on parole at the time of his arrest. His last conviction was 2007. What could be the sentence for this 4th DUI?


Asked on 6/08/11, 10:20 am

3 Answers from Attorneys

BARRY BESSER LAW OFFICES OF BARRY I. BESSER

Even if he wasn't on parole, he could be facing a MINIMUM of six months in State Prison. With him being on parole, and depending on the circumstances, blood alcohol, etc., it is likely that he will be facing additional time.

BARRY BESSER

www.besserlaw.com

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Answered on 6/08/11, 10:28 am
David M. Wallin Law Offices OF David M. Wallin

Your husband faces from 6 months to 3 years in custody. This does not include any Parole violation, which can be up to 1 year additional time. There is also the revocation of his driving priveledge, assuming he had an active drivers licence at the time. I wish you the best...Dave Wallin

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Answered on 6/08/11, 11:55 am
Joe Dane Law Office of Joe Dane

A fourth DUI within 10 years is a felony. The date of the most recent before this one isn't the important thing - it's whether he got this one within 10 years of the first.

If he's outside that 10 year period, the worst this can be (assuming no accident and also assuming none of the others were felonies) is a misdemeanor with up to a year in jail.

If it's a felony, he's looking at 16 months, 2 years or 3 years in prison. They can add an additional year for a new felony within 5 years of his release from prison on his other felony. Assuming the only basis for a parole violation is this new case, it won't add any additional time.

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Answered on 6/08/11, 1:42 pm


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