Legal Question in DUI Law in California

If you are convicted of a third DUI in 10 years, you're looking at Substantial mandatory jail time. Some, but certainly not all, may convert that to rehab depending on the facts. Discuss this in detail with your attorney, but the time is NOW to start getting yourself in a good position for the best outcome possible. You may need to get started in a live-in rehab facility and/or daily AA meetings pending the court date.

This is assuming they have a case against you. Your attorney is going to need to evaluate the case for factual and legal defenses as well as examining the proofs to make sure they qualify.

What will happen to you depends on how this 3rd DUI resolves. By law, a conviction to a 3rd DUI holds a mandatory minimum of 120 days in county jail. Of course, depending on many factors, the charge holds up to 1 year in county jail. You really need to speak to an attorney in or near the court where the case will be heard. You also have 10 days from the arrest to file with the DMV, to get a hearing, to try to save your driving priveledge. Speak to a qualified attorney NOW.....I wish you well.............................David Wallin

"Almost" ten years isn't good enough. You have two 'priors' within ten years for purposes of penalty enhancement in this new DUI. That means potential mandatory jail time and license revocation, in addition to fines, etc. .

When arrested or 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.

A little free advice that you should already be aware of with your priors: When arrested for DUI, whether alcohol or drugs, then upon release from jail or booking the defendant is given documents that include a notice that you have only ten days to file a request with DMV for a hearing on an appeal of an automatic 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 DMV appeal hearing and present any supporting evidence and testimony. If you don't know how to do these things effectively, then hire an attorney that does.

If serious about hiring counsel to help in this, and if this is in SoCal courts, feel free to contact me. I can help you fight the criminal charges and get the best outcome possible.