DWhat is the minimum amount of jail time that will be served for a DUI in California? 17 Answers as of February 24, 2012

I have a friend who just got arrested for his third DUI last night. His first offense was over 10 years ago, his second was in August 2009, and his third was just yesterday. His second DUI was brought down to a wet and reckless. Yesterday was a DUI and a hit and run of a property. This took place in California. What is approximately the minimum amount of jail time to be served, if any?

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The Law Office of Harry E. Hudson, Jr.
The Law Office of Harry E. Hudson, Jr. | Harry E. Hudson, Jr.
Per Vehicle Code section 23548(a) 120 days would be the minimum. The hit and run could result in a state prison sentence if there was personal injury or death (minimum 90 days) or 0 -180 days if the hit and run was just property. Your friend needs a good DUI attorney. He needs to quit drinking.
Answer Applies to: California
Replied: 1/28/2011
Law Office of L. Paul Zahn
Law Office of L. Paul Zahn | Paul Zahn
I believe that the first DUI is out of time, so this will likely be treated like a 2nd offense. That said, your friend clearly has a problem with alcohol, so I would imagine that minimums probably aren't likely. I wouldn't be surprised to see him get 120 days or more. The additional charge of a hit and run will probably add to the time to be served.

Do your friend a favor and get him into a treatment facility for alcohol problems.
Answer Applies to: California
Replied: 1/27/2011
Law Office of Thomas F. Mueller
Law Office of Thomas F. Mueller | Thomas Mueller
There is no minimum. But as a practical matter these days it will be difficult to find a Judge that won't give jail time as a penalty. He has the discretion to not impose time but won't excersize it unless there is an acceptable alternative such as a live-in program. We handle many of these cases and can give a consultation if necessary. For more info or to retain our firm call Tom Mueller.
Answer Applies to: California
Replied: 1/26/2011
Nelson & Lawless
Nelson & Lawless | Terry Nelson
Minimum = 0.

If the DA and/or the judge want to make an example of him, they could give him up to a year on this count, plus the probation violation on the 2009 prior could get him another year.

Now, what you can expect in any given case depends upon all the facts, priors, defenses, sympathies, attorney persuasion, etc. With two priors, with hit and run, with high BA level likely, youre potentially facing at least some jail time; maybe a month or more. No way of knowing until discussions with the DA occur, after review of the charges and police reports. If he doesnt like the best deal offered, he can always go to trial and risk conviction and sentencing to the full term under the law. That is always the incentive to take a deal.

If your friend is serious about hiring counsel to help, have him call me to arrange.
Answer Applies to: California
Replied: 1/25/2011
The Law Offices of Robert L. Driessen
The Law Offices of Robert L. Driessen | Robert L. Driessen
If the third DUI was outside the 10 year period from arrest date to arrest date he is technically looking at a second time DUI for charging purposes. That being said it will be anywhere from 96 hours to a year in jail. he should get an attorney. If the 3rd DUI was within the 10 year period it is 120 days minimum jail time.
Answer Applies to: California
Replied: 1/24/2011
    Law Office of Joseph A. Katz
    Law Office of Joseph A. Katz | Joseph A. Katz
    If your friend's first conviction was over ten years ago, this is only his second DUI, in terms of a criminal prosecution and DMV consequences. A "wet reckless" is a red herring plea bargain, and is a DUI for most intents and purposes. On a second DUI conviction within ten years, your friend must technically serve at least four days (96 hours)or ten (10) days in jail (CVC 23542(a)), have a two year license suspension and enroll in and complete an eighteen month DUI driving class (SB-38). He can get a restricted license after one year (which is tantamount to the return of his license, as he can drive to and from work and his alcohol driving classes).
    Answer Applies to: California
    Replied: 1/24/2011
    Dennis Roberts, a P.C.
    Dennis Roberts, a P.C. | Dennis Roberts
    If the first DUI was more than 10 years ago it is not counted, so officially this is his second DUI. The problem is that the DA and the Judge will know that he has a drinking problem and sentence accordingly. He definitely needs a lawyer. They will look at the wet reckless as a prior DUI.
    Answer Applies to: California
    Replied: 1/24/2011
    Alanna D. Coopersmith, Attorney at Law
    Alanna D. Coopersmith, Attorney at Law | Alanna D. Coopersmith
    If the first offense was REALLY over 10 years ago, this counts as his second, not his third, DUI. And the minimum jail time for a second DUI is 10 days in county jail. However, if not, this counts as his third DUI and the minimum jail time for a third DUI is 120 days in county jail.
    Answer Applies to: California
    Replied: 1/24/2011
    Law Offices of Ryan P. Murphy
    Law Offices of Ryan P. Murphy | Ryan P. Murphy
    That depends on the county, judge, prosecutor, and your friend's attorney. Hire a good DUI Attorney that is local to that particular courtroom and can "beat" the DMV.

    Should you have any questions or concerns, feel free to contact my office at your earliest convenience.
    Answer Applies to: California
    Replied: 1/24/2011
    Law Office of Jeff Yeh
    Law Office of Jeff Yeh | Jeff Yeh
    The first one was over 10 years ago, so it is not priorable, so legally this is the second. The minimum for a second is 4 days in county jail, and the maximum is a year. As for the hit and run, the minimum is 0, and the maximum is 6 months. Depending on the county, a plea to a second time DUI (since the Wet is priorable) could get anywhere from 4 days up to 90 days, and that's not including the hit and run. It all depends on the particular county/court and their practices. Consider hiring a DUI specialist familiar with So Cal courts, because even a slight reduction (ie. to a wet reckless again) could significantly minimize the consequences.
    Answer Applies to: California
    Replied: 1/24/2011
    Law Offices of Phil Hache
    Law Offices of Phil Hache | Phil Hache
    Well, that can vary depending on the type of property damage he did. But based on what you wrote, it is likely that the charge will be for a second offense DUI. On a second offense DUI (without any enhancements), that statute allows for a jail time between 96 hours to 1 year in jail. If a DUI conviction can be avoided, then he or she could potentially avoid jail time. I recently had a similar situation...car accident and 3rd time the person had a DUI. I was able to get the DUI charges dismissed and enter into a different plea without any jail time. Of course, every case is different, but I would be happy to talk this over with your friend. Have them contact me through my website or by phone.
    Answer Applies to: California
    Replied: 1/24/2011
    Law Office of Joe Dane
    Law Office of Joe Dane | Joe Dane
    Technically, he's down to another second, assuming it's been 10 years from the date of offense of his first until this offense. The down side is that he's always going to be viewed by the prosecution as a "second, but a third lifetime" DUI. The second - even though reduced to a wet reckless - will still count as a prior. The collision alone, along with the hit and run aren't going to make this better.

    There's a mandatory minimum of a few days in jail, but he could be looking at more, depending on the blood alcohol level, the facts, his entire record and what he does between now and his court date. He needs an attorney in a bad way and he needs one soon so they can discuss the case and what can be done even before setting foot in court.
    Answer Applies to: California
    Replied: 1/24/2011
    Goodman, Dicus, and Teinert, LLP
    Goodman, Dicus, and Teinert, LLP | Paul M. Teinert
    A third DUI conviction carries with it a mandatory 120 days jail time. However, there is the potential for this to be reduced considering the circumstances of your case. If you would like to speak to any attorney who may be able to help reduce you sentence feel free to contact our office.
    Answer Applies to: California
    Replied: 1/24/2011
    Law Office of Michael Bialys THE DUI MAN
    Law Office of Michael Bialys THE DUI MAN | Michael Bialys
    If treated as a second the mandatory minimum is 96 hours. If it is third.
    Answer Applies to: California
    Replied: 2/24/2012
    Law Offices of Lawrence Wolf
    Law Offices of Lawrence Wolf | Lawrence Wolf
    The minimum could be as low as zero depending upon the facts Give us a call.
    Answer Applies to: California
    Replied: 1/24/2011
    Christine D. Thielo
    Christine D. Thielo | Law Office of Christine D. Thielo
    In order to assist your friend we need more information on his case.
    Answer Applies to: California
    Replied: 1/24/2011
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