Legal Question in DUI Law in California

Am I going to prison for a 4th DUI in California?

I have consulted with a coupe attorneys all of whom charge around the same fee (3500). I have 2 prior convictions and a recent charge (2 days ago) and warrant for a DUI that happened 3 years ago. I am super nervous for various reasons. The lawyers that I have talked thus far have either made it seem way to easy to deal with and others have made it seem like prison is a dead in lock.

I just do not know what lawyer to go with the one that makes it seem like I have a fighting chance or the one that said they will try to get me the minimum state prison sentence. I know with out looking at all the cases it is hard to tell, but I am looking for a general likely outcome for this type of scenario. I live in CA and have 2 prior convtions and two pending cases all for DUI.


Asked on 6/01/11, 5:01 pm

3 Answers from Attorneys

Rick Mueller San Diego County DUI Law Center

Best advice by any California DUI Lawyers Association Specialist Attorney will be to avoid lawyers charging only $3,500 for a felony DUI. If you wisely start over, try http://www.california-dui-lawyers.org for the best.

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Answered on 6/01/11, 5:05 pm
David M. Wallin Law Offices OF David M. Wallin

So far , I haven't even seen a Felony case. You have 2 convictions. That makes any new "open" case a misdemeanor third dui. I do not know what court or courts the 2 open cases are in, but it would be helpful for any further evaluation. That being said, In my 25 years of experience, I have had several cases like yours and have tried to work out a "package deal" , if possible, whereby our client would plead to the 2 open cases as misdemeanors and get county jail time and an alcohol program in lieu of some of the custody time. The above presumes that both "open" cases are strong for the prosecution and we don't find any problems with the "open" cases. A good defense attorney who knows the court or courts you are dealing with should have an idea as to the kind of prosecutors he or she is dealing with and that too would play a part in the evaluation of a qualified and experienced attorney. Also, as to fees, that issue will also depend on whether or not the 2 "open" cases are both in 1 court, or are in 2 seperate courts. If you have any further questions, I would be more than willing to speak to you over the phone for a consultation...and that would be free. I wish you the best...and as an attorney and a fellow human being, it seems apparent, you need to find a way to deal with your addiction, or you will be spending a lot of time in jail or prison over the rest of your life.. God Bless you...Dave

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Answered on 6/01/11, 5:28 pm
Bruce Kapsack Kapsack and Bair - DUI Attorneys, Board Certified in DUI Defense

Both answers above are correct, Mr. Mueller is right that no decent lawyer would even think of that low a fee, and Mr. Wallin is correct about some aspects of legality, but both left a couple of points out.

First, a 4th offense conviction is a WOBBLER meaning it can be either a felony or a misdemeanor.

Second, a case that is three years old is subject to being dismissed for speedy trial violations under a case called SERNA.

Third, there is a legal problem with using one open case as a seperate conviction for another open case.

This is what a Baord Certified Dui Defense attorney can find for you.

There may be more than this once facts are reviewed but I hope this gives you hope so that you dont decide it is worthless and either get no lawyer, a crappy cheap lawyer, or worse yet go out to drink it all away.

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Answered on 6/01/11, 5:33 pm


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