QUESTION
How much time could you spend in jail for 3 DUIs?
Asked on Feb 13th, 2012 on DUI/DWI - California
10 ANSWERS
Criminal Trial Attorney serving San Jose, CA
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Law Office of Thomas F. Mueller
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It depends. If they are all pending now, with some manipulation, you may able to get by with three first offense penalties. That would be 3 years probation, a fine of about $6000 and an 18 month drinking driver program. If one or two of them have already been litigated and the sentences completed there may be only one first offense penalty. If one of them is charged as a DUI, with two priors, then expect to either do 4 to 6 months in jail, or be required to spend 6 to 9 months in a residential alcohol program.
Answered on Feb 15th, 2012 at 3:35 PM
Criminal Law Attorney serving Santa Ana, CA
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The Law Offices of Christopher J. McCann
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That depends on the facts and severity of the cases, blood alcohol level, the recentness of the prior convictions, any probation violations, other criminal history, etc., etc. By law, you must do a minimum of 120 days jail though.
Answered on Feb 15th, 2012 at 11:42 AM
THIRD OFFENSE DUI (2 PRIORS WITHIN 10 YEARS) PROBATION: 3-to-5 Years Informal Probation JAIL: 120 days minimum mandatory jail and up to one year jail maximum may be imposed. In Orange County , the jail sentence typically averages between 180 and 270 days. COURT FINES: Minimum $390.00 fine to maximum of $1000.00. Note, however that the $390.00 minimum fine, after adding penalty assessments and miscellaneous court fees, results in a total amount due of approximately $1400.00-to-$1800.00 . DUI SCHOOL : Attendance at 18-month or 30-month Multiple Offender Program (FOP) required COURT MAY ALSO ORDER: Impound Vehicle up to 90-days if owned by defendant Ignition Interlock Device for up to 3-years INCREASED PENALTIES FOR DUI ENHANCEMENTS: Refusal/Forced Blood Mandatory additional 10-days Jail Passenger in Vehicle Under Age 14. Mandatory additional 30-days Jail Speeding = 30 mph on Freeway or = 20 mph on Street or Highway. Mandatory additional 60-days Jail.
Answered on Feb 14th, 2012 at 10:53 AM
Criminal Defense Attorney serving Santa Ana, CA
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Law Offices of Paula Drake
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If they are within the 10-year statutory period, it could be 120 days up to 1 year in jail; you might want to hire counsel to explore other options for you too.If they are within the 10-year statutory period, it could be 120 days up to 1 year in jail; you might want to hire counsel to explore other options for you too.
Answered on Feb 14th, 2012 at 10:34 AM
Criminal Law Attorney serving Los Angeles, CA
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Law Office of Gabriel Dorman
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If you are facing a 3rd DUI within 10 years of your 2 prior DUI convictions, there is a mandatory minimum jail requirement of 120 days. However, in reality, you will be facing a greater jail sentence than the minimum. Whatever the situation, if you are facing a 3rd DUI you really must hire an experienced DUI attorney to represent you in court as this is the first step toward ensuring the absolutely best possible result. I hope this answer was helpful. Good luck.
Answered on Feb 14th, 2012 at 10:25 AM
It's not clear if this is a third DUI or whether you have 3 outstanding DUIs. If three outstanding there is some ability to potentialy negotiate a stipulated deal that doesn't require a plea to all three. However, that aside, in California the 1st DUI carries a minimum of 4 days, 2nd a minimum of 10 days, and 3rd a minimum of 120 days. Of course, those are the minimums and there is no guarantee of the minimum. On the flip side the maximum time is six months on the 1st and 1 year on the 2nd and 3rd. For all three the potential exposure is 134 days - 2.5 years.
Answered on Feb 13th, 2012 at 5:01 PM
Criminal Law Attorney serving Los Angeles, CA
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Law Office of Edward J. Blum
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A third time DUI can be 90-180 days in jail. Depending on the circumstances.
Answered on Feb 13th, 2012 at 4:20 PM
Speeding & Traffic Ticket Attorney serving Sherman Oaks, CA
Partner at
Law Offices of Phil Hache
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There are many variables that can come into play altering the potential sentencing time (ie. Accident, excessive speeding, etc.), but generally speaking, the amount of jail time for a 3rd DUI conviction can range from 120 days to 1 year, and can vary depending on the circumstances involved in the case, the court, and the work done your defense attorney.
Answered on Feb 13th, 2012 at 4:14 PM
Criminal Defense Attorney serving Santa Rosa, CA
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Michael T. Lynch
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A third DUI, without injury, has a maximum sentence of 1 year in county jail, and a minimum sentence of 120 days in jail.
Answered on Feb 13th, 2012 at 4:06 PM
Minimum is 120 days in county. The maximum is 1 year, but you are also in violation or probation it could be more. Consult a DUI specialist to explore alternatives to pleading guilty, such as a reduction, dismissal, or aquittal of the 3rd one.
Answered on Feb 13th, 2012 at 3:23 PM