Will I be receiving jail time for my third DUI and how? 3 Answers as of May 18, 2015

I live in California and last weekend I got my third DUI in the past 5 years. I have never served time in jail and I'm scared. I want to know if it is likely that I will have to do time for my third offense.

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Law Office of Peter F. Goldscheider
Law Office of Peter F. Goldscheider | Peter Goldscheider
In California a third conviction for DUI within five years carries a minimum 120 day jail sentence unless one of the priors is constitutionally inva lid or cannot be proven (to be analyzed by a certified criminal law specialist). To avoid that you will likely need to enroll in a residential treatment program (where after the first 30 days or so you can go to work) and have that all set up before you go to court.
Answer Applies to: California
Replied: 5/18/2015
Law Office of Edward J. Blum
Law Office of Edward J. Blum | Edward J. Blum
It is statutory. If you don't fight it, yes.
Answer Applies to: California
Replied: 4/21/2015
Law Offices of Martina A. Vigil, PC
Law Offices of Martina A. Vigil, PC | Martina A. Vigil
You may be able to do a program in lieu of jail time. Orange County provides DUI court which you may be eligible for.
Answer Applies to: California
Replied: 4/21/2015
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