Can I possibly somehow avoid doing jail time on a third offense DUI? 51 Answers as of May 28, 2013

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Larry K. Dunn & Associates | Larry K. Dunn
In the State of Nevada, a third offense DUI within a seven year period is a felony with a penalty from 1 year to 3 years State Prison. In 2007 however, the legislature passed a law allowing such offenders who enter a guilty plea to apply for a sentencing diversion which entails completion of a 3 year alcohol counseling program, 6 months house arrest, and installation of an interlock device for a period of 1 year. Upon successful completion, a person would be sentenced to a second DUI misdemeanor offense. If the person is convicted of a fourth DUI at any time in their lifetime, it would be considered a second felony DUI which is punishable by a minimum 2 years to a maximum 15 years in State Prison.
Answer Applies to: Nevada
Replied: 9/5/2012
Law Office of Richard Southard
Law Office of Richard Southard | Richard C Southard
It is legally possible. I have represented a client who avoided jail time on a third DWI who had a prior misdemeanor and felony conviction. However that is the exception and not the norm. You should enter yourself in a treatment program ASAP if you haven't already.
Answer Applies to: New York
Replied: 9/3/2012
Dennis P. Mikko Attorney at Law | Dennis P. Mikko
It not likely on a third offense that you will avoid jail.
Answer Applies to: Michigan
Replied: 9/3/2012
Conway Law Pllc.
Conway Law Pllc. | B. L. Conway
Yeah, Win it!!!!!!!!!! If you hire us that is exactly what we intend to do. There could be a violation of your civil rights. But, the main issue at trial is going to be your Intoxication. You are looking at up to 1 Year in Jail, a $2500 fine and license suspension.
Answer Applies to: Virginia
Replied: 8/30/2012
Anderson Law Office
Anderson Law Office | Scott L. Anderson
If you have a defense, if not then probably not. A good attorney could help mitigate the consequences.
Answer Applies to: Minnesota
Replied: 8/29/2012
    Leonard A. Kaanta, P.C. | Leonard A. Kaanta
    Yes, it is possible.
    Answer Applies to: Michigan
    Replied: 8/29/2012
    Michael Breczinski
    Michael Breczinski | Michael Breczinski
    No it carries AT LEAST 30 days and you can go to prison for several years.
    Answer Applies to: Michigan
    Replied: 8/29/2012
    Law Office of Andrew W. Kowalkowski PLLC | Andrew W. Kowalkowski
    This question has a lot of variables. Typically a third offense in MI has a mandatory minimum of 30 days in jail. However there may be ways around this depending on your record/incident and circumstance.
    Answer Applies to: Michigan
    Replied: 8/29/2012
    Law Office of Michael Bialys THE DUI MAN
    Law Office of Michael Bialys THE DUI MAN | Michael Bialys
    A lot depends on where you get the DUI. Which county? There are often alternative sentencing programs. i.e. home detention work release etc.
    Answer Applies to: California
    Replied: 8/29/2012
    Law Offices of John Carney
    Law Offices of John Carney | John Carney
    In New York State it is called a DWI and a third offense is probably a felony charge that carries a maximum of 4 years in prison. You should call my office or retain a criminal attorney to get the best possible disposition in the matter. Much will depend on the circumstances of the three cases and how bad your driving was, how high the BAC was, and if you were on probation at the time of your last arrest. If your license was revoked at the time that is another felony charge and the judge will take that into consideration. You may still be able to win a DWAI violation at trial and the judge could only sentence you to 15 days in jail, otherwise the average sentence is 6 months to 1 year in jail and your license may be revoked for many years because the judge and DMV may not allow you to re-apply. You should stop drinking immediately and get into counseling and do not drive until you have a valid license or you can get a prison sentence of 1 1/3 to 4 years.
    Answer Applies to: New York
    Replied: 8/28/2012
    Steven Alpers | Steven Alpers
    There is a minimum of 120 days in jail. Unless you can get ordered to a live in program as a condition of bail there is no way to get around the code section.
    Answer Applies to: California
    Replied: 8/27/2012
    Grant & Grant
    Grant & Grant | Richard L. Grant, Esq.
    Possibly, maybe house arrest. Need to speak and hire an experienced attorney to negotiate on your behalf.
    Answer Applies to: California
    Replied: 8/27/2012
    Nelson & Lawless
    Nelson & Lawless | Terry Nelson
    CAN you? Sure. WILL you? That depends on your attorney getting a plea bargain from the DA and court on those terms. Third offense is supposed to carry mandatory jail, among other penalties. The honest answer is that no attorney can predict the outcome, nor even give an intelligent opinion, without reviewing and knowing all the charges, evidence, BA, police reports, expected testimony, priors history, etc. When charged with any crime, the proper questions are, can any evidence obtained in a test, search or confession be used against you, can you be convicted, and what can you do? Raise all appropriate defenses with whatever witnesses, evidence and sympathies are available for legal arguments, for evidence suppression or other motions, or for trial. Effective plea-bargaining, using those defenses, could possibly reduce the potential time and other penalties you face. If you don't know how to represent yourself effectively against an experienced prosecutor intending to convict, then hire an attorney who does, who will try to get a dismissal, charge reduction, diversion, program, or other decent outcome through plea bargain, or take it to trial if appropriate.
    Answer Applies to: California
    Replied: 8/27/2012
    Timothy J. Thill P.C.
    Timothy J. Thill P.C. | Timothy J. Thill
    If charged with Aggravated DUI, here in Illinois, you will get mandatory jail time. Hire a good defense attorney to represent you, you will need one.
    Answer Applies to: Illinois
    Replied: 8/27/2012
    Law Office of Phillip Weiser
    Law Office of Phillip Weiser | Phillip L. Weiser
    Very doubtful. The minimum jail time for a third DUI is 90 days, which can be broken up in a two day jail stay followed by 88 days on house arrest.
    Answer Applies to: Kansas
    Replied: 8/27/2012
    Law Offices of Patricia M. Corrales
    Law Offices of Patricia M. Corrales | Patricia M. Corrales
    The quick and easy answer is: probably not. But, you need the guidance of a criminal lawyer because this is now your third offense for DUI.
    Answer Applies to: California
    Replied: 8/27/2012
    Law Office of William L Spern | William Spern
    No. MI statute requires a minimum one year jail sentence following a DUI 3rd conviction.
    Answer Applies to: Michigan
    Replied: 8/27/2012
    Law Office of Jeff Yeh
    Law Office of Jeff Yeh | Jeff Yeh
    Some counties have DUI court, where diversion is an option. But in most counties the answer is no, you WILL be doing some jail time if you are convicted of a DUI. Try calling a DUI specialist to see what can be done about the DUI. If it gets even a slight reduction, then jail is not mandatory.
    Answer Applies to: California
    Replied: 8/27/2012
    Gary Moore, Attorney at Law
    Gary Moore, Attorney at Law | Gary Moore
    Only by being found not guilty.
    Answer Applies to: New Jersey
    Replied: 8/27/2012
    Lawrence Lewis
    Lawrence Lewis | Lawrence Lewis, PC
    Cannot see how, since the first two did not have the desired impact on you.
    Answer Applies to: Georgia
    Replied: 8/27/2012
    Law Office of Richard Williams
    Law Office of Richard Williams | Richard Williams
    There is a minimum mandatory jail sentence on a third time conviction of DUI of 60 days to serve.
    Answer Applies to: Alabama
    Replied: 8/27/2012
    Gregory Casale Attorney at Law
    Gregory Casale Attorney at Law | Gregory Casale
    It is very difficult to avoid jail on a 3rd offense. If you are convicted or plea to the 3rd offense, the statute REQUIRES jail time. Unless you are acquitted or your lawyer can negotiate a plea to a lesser charge, you will have to do some jail time.
    Answer Applies to: Massachusetts
    Replied: 8/27/2012
    T.K. Byrne | Timothy K. Byrne
    Yes through a house arrest program
    Answer Applies to: Mississippi
    Replied: 8/27/2012
    Walpole Law | Robert J. Walpole
    Yes.
    Answer Applies to: Oklahoma
    Replied: 5/28/2013
    Freeborn Law Offices, P.S.
    Freeborn Law Offices, P.S. | Steve Freeborn
    NO. With a third conviction you are looking at a minimum of 120 days mandatory.
    Answer Applies to: Washington
    Replied: 8/27/2012
    John C. Schleiffarth, P.C. | John C. Schleiffarth
    You will not do jail time on a third offense DWI if you win the criminal trial. The state has to meet a very high standard of proof before they can lock a person up. Errors in police procedure may invalidate evidence and give you a chance you have not considered.
    Answer Applies to: Missouri
    Replied: 8/27/2012
    Lee Law Group | Ernest Lee
    Yes, Possibly, if you can do some sort of diversion program.
    Answer Applies to: California
    Replied: 8/27/2012
    Healan Law Offices
    Healan Law Offices | William D. Healan, III
    Not unless you win the DUI. You need to hire a good DUI lawyer.
    Answer Applies to: Georgia
    Replied: 8/27/2012
    Khayoumi Law Firm
    Khayoumi Law Firm | Salim A. Khayoumi
    Possibly; if you hire an experienced DWI/DUI attorney practicing in the state where you were arrested for the respective DWI/DUI. In New Mexico, a person convicted of a DWI-3rd offense faces a minimum mandatory 30 days in jail if found guilty. For an aggravated DWI-3rd offense, the minimum mandatory jail time is an additional consecutive 60 days. NMSA 66-8-102(F)(2) states, "[.] in addition [.] when an offender commits aggravated driving under the influence of intoxicating liquor or drugs, the offender shall be sentenced to a jail term of not less than sixty consecutive days."
    Answer Applies to: New Mexico
    Replied: 8/27/2012
    Connell-Savela
    Connell-Savela | Jason Savela
    go to trial and win
    Answer Applies to: Colorado
    Replied: 8/27/2012
    Law Office of Michael E. Dailey
    Law Office of Michael E. Dailey | Michael E. Dailey
    It depends on the jurisdiction and the availability of a DUI court. Some jurisdictions are initiating an authorized DUI court which is designed to work with repeat offenders. It can be a pricey and tough program but can also avoid hard prison time and let you maintain employment. If you can avoid a felony conviction, which is the usual charge for a 3rd DUI, there may be some slim chance to stay out but you will probably have a very restrictive probation for the max time permitted.
    Answer Applies to: Missouri
    Replied: 8/27/2012
    Law Office of Brendan M. Kelly
    Law Office of Brendan M. Kelly | Brendan M. Kelly
    While it is possible you truly need a great attorney.
    Answer Applies to: Nebraska
    Replied: 8/27/2012
    Hynum Law Office, LLC
    Hynum Law Office, LLC | G. Wayne Hynum
    Not likely you will avoid jail time unless you are found not guilty.
    Answer Applies to: Mississippi
    Replied: 8/27/2012
    Pietryga Law Office | Russ Pietryga
    Only if you do not get convicted. 3rd offense is a minimum of 62.5 days in jail. However, you can be sentenced as follows: *3rd DUI or qualifying offense within 10 years* The Utah Driver License Division and the Utah Courts will impose sanctions on a person for being arrested and convicted of driving under the influence. The Utah Driver License Division may impose sanctions based on the person?s arrest. Additionally, the Utah Driver License Division will impose sanctions upon conviction. If convicted, Utah Courts will order mandatory sanctions. Additionally, there are a number of sanctions the Utah Court may order. Listed below, are the sanctions the Utah Driver License Division and Utah Courts will impose. *Crime:* 3rd Degree Felony driving under the influence of alcohol, drugs, or a combination of both or with specified or unsafe blood alcohol concentration. *(See, Utah Code Ann. 41-6a-503(2))* * * *Imprisonment: *Utah Courts may impose a prison sentence for up to 5 years, but not less than 62.5 consecutive days. However, the Utah Courts may suspend the execution of the prison term and place the person on supervised probation. The Utah Courts may require participation in home confinement through the use of electronic monitoring. Additionally, the probation or parole may not be terminated. *(See, Utah Code Ann. **?**76-3-203(3), Utah Code Ann. **?**41-6a-505(3), Utah Code Ann, **?**41-6a-505(3)(a)(ii), Utah Code Ann. **?**41-6a-505(3)(b) and Utah Code Ann. **?41-6a-505(4)(b))* * * *Fine: *If the Utah Courts suspend the execution of the prison sentence the Utah Courts must order a fine of up to $5,000.00, but not less than $1,500.00. *(See, Utah Code Ann. **?**41-6a-505(3)(a)(i) and Utah Code Ann. **?**76-3-301(1)(b)) * * * *DNA Specimen Analysis: *The Utah Courts must order the convicted person to provide a DNA specimen. *(Utah Code Ann. **?**53-10-403(2))* *Treatment: *If the Utah Courts suspend the execution of the prison sentence the Utah Courts must order participation in a screening and an assessment. The Utah Courts must order substance abuse treatment at a substance abuse treatment program providing intensive inpatient treatment and long-term closely supervised follow-through after treatment for not less than 10 days. *(See, Utah Code Ann. **?**41-6a-505(3)(a)(iv))* * * *Probation: *If the Utah Courts suspend the execution of the prison sentence the Utah Courts must order supervised probation for the person. *(See, Utah Code Ann. **?**41-6a-505(3)(a)(iii))* *Education: *If the Utah Courts suspend the execution of the prison sentence the Utah Courts must order participation in an educational series. *(See, Utah Code Ann. **?**41-6a-505(4)(a))* * * *Driver License Suspension: *The Utah Driver License Division and/or the Utah Courts will revoke the person?s license or permit to operate a motor vehicle. *Utah Driver License Division*:* *If no request for a hearing is made to the Utah Driver License Division, the Utah Driver License Division will revoke the person?s license or permit to operate a motor vehicle in Utah for 2 years beginning on the 30th day after the date of arrest. *(See, Utah Code Ann. **?**41-6a-509(1)(a)(B), Utah Code Ann. **?**41-6a-509(1)(a)(B)(I), Utah Code Ann. **?**41-6a-509(1)(a)(B)(II), Utah Code Ann. **?**53-3-223(7)(a) and Utah Code Ann. **?**53-3-223(7)(a)(i) and Utah Code Ann. **?** 53-3-223(7)(a)(i)(B))* * *If, after a hearing, the Utah Driver License Division determines that the police officer had reasonable grounds to believe that the person was driving a motor vehicle in violation of Utah Code 41-6a-502, the Utah Driver License Division will revoke the person?s license or permit to operate a motor vehicle in Utah for 2 years beginning on the 30th day after the date of arrest.* (See, Utah Code Ann. **?**41-6a-509(1)(a)(B), Utah Code Ann. **?**41-6a-509(1)(a)(B)(I), Utah Code Ann. **?**41-6a-509(1)(a)(B)(II), Utah Code Ann. **?**53-3-223(7)(a) and Utah Code Ann. **?**53-3-223(7)(a)(i) and Utah Code Ann. **?**53-3-223(7)(a)(i)(B))* * *If the person fails to appear, on the date of the hearing, at the Utah Driver License Division, the Utah Driver License Division will revoke the person?s license or permit to operate a motor vehicle in Utah for 2 years beginning on the 30th day after the date of arrest. *(See, Utah Code Ann. **?**41-6a-509(1)(a)(B), Utah Code Ann. **?**41-6a-509(1)(a)(B)(I), Utah Code Ann. **?**41-6a-509(1)(a)(B)(II), Utah Code Ann. **?**53-3-223(7)(a) and Utah Code Ann. **?**53-3-223(7)(a)(i) and Utah Code Ann. **?** 53-3-223(7)(a)(i)(B)* * *Upon receiving notice of a conviction the Utah Driver License Division will suspend the person?s license or permit to operate a motor vehicle in Utah for 2 years. *(See, Utah Code Ann. **?**53-3-220(1)(a), Utah Code Ann. **?**53-3-220(1)(a)(ii), Utah Code Ann. **?**53-3-220(1)(a)(iii) and Utah Code Ann. **?**41-6a-509(1)(a)(i)(B))* * * *Utah Courts*: The Utah Courts, upon conviction, may suspend a person?s license or permit to operate a motor vehicle for up to an additional two (2) years beginning on the date on which the individual would be eligible to reinstate their driving privileges. *(See, Utah Code Ann. **?**41-6a-509(2)(a)(i) and Utah Code Ann. **?**41-6a-509(2)(a)(ii))* * * *Ignition Interlock: *The Utah Driver License Division and/or the Utah Courts will require the installation of an ignition interlock system in motor vehicles operated by the person. *Utah Driver License Division*: The Utah Driver License Division will require the installation of an ignition interlock system in any motor vehicle operated by the person for 6 years from the date of the conviction. *(See, Utah Code Ann. **?** 41-6a-518.2(1)(b)(G))* * * *Utah Courts*: * *The Utah Court may require the installation of a ignition interlock system in any motor vehicle operated by the person during the period of probation. *(Utah Code Ann. **?**41-6a-518(2)(a))* * * *Alcohol Restricted Driver: *From the date of conviction and thereafter (e.g.: Lifetime) the convicted person may not operate or be in actual physical control of a motor vehicle in Utah with any measurable or detectable amount of alcohol in the person?s body. *(See, Utah Code Ann. ** ?**41-6a-529(1)(e)(ii) and Utah Code Ann. **?**41-6a-530(1)) * * * *Enhancement: *Penalties for Driving Under the Influence (DUI) may be greater, or enhanced, if there are subsequent convictions for DUI or other alcohol-related driving offenses. For instance, a third DUI can be charged as a 3rd degree Felony if the person charged has two (2) or more prior convictions for DUI or another related driving offense. For this to happen, the two prior convictions must have occurred within ten (10) years of the 3rd DUI. *(See, Utah Code Ann. 41-6a-503)*
    Answer Applies to: Utah
    Replied: 8/27/2012
    Andersen Law PLLC
    Andersen Law PLLC | Craig Andersen
    If you have not done so yet, you may petition the court for a deferred prosecution. That involves treatment, which you undoubtedly need, and agreeing to be tried on the basis of the police report if you violate the terms of your probation. Please take a look at the Washington Department of Licensing web site for more information.
    Answer Applies to: Washington
    Replied: 8/27/2012
    Douglas M. Philpott, P.C. | Peter J. Philpott
    If convicted you must do at least 30 days per statute. Some judges allow tether.
    Answer Applies to: Michigan
    Replied: 8/27/2012
    Law Offices of Mark A. Berg
    Law Offices of Mark A. Berg | David G Cohen
    If convicted of the DUI and the priors are found true, then even with a grant of probation, the court must impose at least a 120 day term. That being said, there is no legal requirement that the term be served in custody. The court can stay the sentence pending successful completion of probation, grant credit for residential treatment, or authorize other forms of alternative sentencing. The options will vary by county, judge, and case. I urge you to consult with an experienced local criminal law specialist.
    Answer Applies to: California
    Replied: 8/27/2012
    The Law Office of James McKain
    The Law Office of James McKain | James McKain
    It is possible. There are several ways you could avoid jail time. Have good enough law to force the prosecutor to make you an offer that doesn't include jail. Be found not guilty at trial. Enter a deferred prosecution.
    Answer Applies to: Washington
    Replied: 8/27/2012
    Law Office of James J. Rosenberger | James Joseph Rosenberger
    If you're eligible for a deferred prosecution, now would be the time to seriously consider it. A conviction of a third offense with 2 priors otherwise mandates 120 days jail and all kinds of other bad penalties and fines. A "prior" conviction for penalty purposes is a conviction within 7 years of current offense calculated from date of arrest.
    Answer Applies to: Washington
    Replied: 8/27/2012
    Jason Overton, Attorney at Law
    Jason Overton, Attorney at Law | Jason Overton
    Alabama law requires a minimum of 60 days in jail for the 3rd DUI conviction in 5 years. This is mandatory, not judge's discretion. Get a lawyer.
    Answer Applies to: Alabama
    Replied: 8/27/2012
    Benjamin D Gordon, Attorney at Law
    Benjamin D Gordon, Attorney at Law | Benjamin D Gordon
    In Utah, if convicted of a third DUI within a 10 year period, it becomes a third degree felony with a maximum possible penalty of 0-5 years in the Utah State Prison, and carries a MANDATORY minimum sentence of 62 and a half days in jail. The only way to avoid the 62.5 days is to not be convicted.
    Answer Applies to: Utah
    Replied: 8/27/2012
    Law Office of Charles J. Block
    Law Office of Charles J. Block | Charles J. Block
    No.
    Answer Applies to: New Jersey
    Replied: 5/22/2013
    Beaulier Law Office
    Beaulier Law Office | Maury Beaulier
    You will need an agressive lawyer and a stonng defense. A third DWI in ten years is a very serious offense. At a minimum, it is a second degree offense. A second degree offense is a gross misdemeanor which carries with it maximum possible penalties of ONE year in jail and a $3,000 fine. If convicted, there are also mandatory minimum sentences. That means the least amount of jail time you would serve is likely to be 90 days in jail with at least 30 of those days in the workhouse. Obviously, penalties may be significantly greater. As a result, it is important to present an aggressive defense. It is also important to know and understand the Judge's and their proclivities in your county.
    Answer Applies to: Minnesota
    Replied: 8/27/2012
    Pearson, Butler, & Carson, PLLC
    Pearson, Butler, & Carson, PLLC | Matthew R. Kober
    Highly doubtful. The only way is to get the prosecutor to agree to let you do drug court. A third DUI has a mandatory minimum amount of jail.
    Answer Applies to: Utah
    Replied: 8/27/2012
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