How much time will I be facing on my third DUI? 10 Answers as of February 24, 2012

How much time will I be facing on my third DUI?

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Alanna D. Coopersmith, Attorney at Law
Alanna D. Coopersmith, Attorney at Law | Alanna D. Coopersmith
Under California law, a third DUI conviction carries a minimum of 120 days in county jail.
Answer Applies to: California
Replied: 4/27/2011
Law Office of Geoffrey M. Yaryan
Law Office of Geoffrey M. Yaryan | Geoffrey M. Yaryan
A minimum of 120 days in jail, maximum of 1 year.
Answer Applies to: California
Replied: 4/27/2011
Law Office of Michael Bialys THE DUI MAN
Law Office of Michael Bialys THE DUI MAN | Michael Bialys
The statutory minimum is 120 days however their are forms of alternative sentencing.
Answer Applies to: California
Replied: 2/24/2012
Nelson & Lawless
Nelson & Lawless | Terry Nelson
That is up to the judge in sentencing, or the DA and your attorney in plea bargaining, and will depend upon all the circumstances. You cannot ignore the reality that you face potential jail time on 3rd DUI of up to a year, in addition to fines, license suspension/revocation, and other penalties.

No attorney can predict the outcome, nor even give an intelligent opinion, without reviewing and knowing all the charges, facts, evidence, documents, reports, testimony, etc. However, effective plea-bargaining, using whatever legal defenses, facts and sympathies there may be, could possibly keep you out of jail, or at least dramatically reduce it, depending upon all the facts and evidence. If you don't know how to do these things effectively up against a professional prosecutor intending to convict and jail you, then hire an attorney that does, who will try to get a diversion program, reduction or other decent outcome through plea bargain, or take it to trial. If serious about hiring counsel, and if this is in SoCal courts, feel free to contact me. Ill be happy to help use whatever defenses there may be. While I cant guarantee the outcome, I can probably keep any jail time down to a small amount, if any.

Keep in mind a little free advice: When you are arrested for DUI, whether alcohol or drugs, then upon release from jail or booking you were given documents that included a notice that you have only ten days to file a request with DMV for a hearing on an appeal of an automatic one-year suspension of your license imposed by DMV. That is separate and runs consecutively with any suspension that may be imposed by the court. Contact DMV and do so, timely, then appear at your scheduled hearing and present any supporting evidence and testimony. If you don't know how to do these things, then hire an attorney that does. If serious about hiring counsel, feel free to contact me.
Answer Applies to: California
Replied: 4/27/2011
Law Office of Thomas F. Mueller
Law Office of Thomas F. Mueller | Thomas Mueller
If there are no aggravating factors, such as a very high B/A or an accident, the penalty is usually 6 months jail. However we can many times get the judge to agree to substituting a live in program for the jail time. For more info or a quote, call.
Answer Applies to: California
Replied: 4/27/2011
    Law Office of Jeff Yeh
    Law Office of Jeff Yeh | Jeff Yeh
    A third DUI within 10 years has a mandatory 120 days in county jail requirement. Consider hiring a DUI specialist to help you out, because even a slight reduction would defeat this requirement.
    Answer Applies to: California
    Replied: 4/26/2011
    Law Office of Tracey S. Sang
    Law Office of Tracey S. Sang | Tracey Sang
    In San Diego, thirty days minimum. Very often it's more.
    Answer Applies to: California
    Replied: 4/26/2011
    The Law Offices of Gabriel Dorman
    The Law Offices of Gabriel Dorman | Gabriel Dorman
    The mandatory minimum sentence for a 3rd misdemeanor DUI conviction within 10 years in 120 days in county jail. That being said, depending on the circumstance of the case and the history of your prior convictions, you could be looking at anywhere from 6 to 9 months in county jail. Factors that can serve to aggravate a 3rd DUI case and, as such, increase the amount of jail time include, but are not limited to, the recency of your prior DUI convictions, if you are still on probation for your second DUI, if you have more than 2 prior DUI convictions but some are outside the 10 year period, the presence of any aggravating factors specific to the 3rd DUI such as it involving an accident, high BAC, excessive speed, suspended license, etc. Without a doubt, you must immediately contact an experienced DUI lawyer to defend you. Whatever the best possible result for you case may be, it will only be accomplished with an experienced DUI lawyer.

    Also, you may want to consider going into residential treatment for alcohol abuse. This will sometimes serve as an alternative to actually going into jail. In any case, there are a number of things that can be done but much more information is needed to properly evaluate what may be possible for your case. I hope this answer was helpful. If you would like to discuss this in more detail, I would be happy to do so. Good luck.
    Answer Applies to: California
    Replied: 4/26/2011
    Srai Law Office
    Srai Law Office | Gurjit Singh Srai, Esq.
    Generally, the minimum amount of time you are facing on a third DUI is 120 days. However, this number can go up depending on high blood alcohol and if there was an accident. In addition, a DUI is a third DUI is a misdemeanor in which you are facing potentially up to one year in jail.
    Answer Applies to: California
    Replied: 4/27/2011
    California Criminal Defense Center
    California Criminal Defense Center | Ardalon Fakhimi
    If your prior two DUIs occurred within 10 years of your third misdemeanor DUI, you will face a sentence range of 120-365 days in jail if convicted. Also, if you are currently on probation for one or more of the prior DUIs, you may face additional jail time on each of those cases. The state minimum on a third DUI is 120 days in jail. Our office has successfully negotiated alternatives to county jail on 3rd DUIs. Please contact us if you would like more information.
    Answer Applies to: California
    Replied: 4/27/2011
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