Legal Question in DUI Law in California

My friend got arrested for her 4th DUI. Her license is still suspended under the last one. She is done with serving her time for the courts for the 3rd offense, but still has not completed or even started the DUI program for the DMV. What can she expect now? Will she definately go to jail?


Asked on 8/23/09, 5:38 pm

3 Answers from Attorneys

Robert Marshall Law Office of Robert L, Marshall

If all three prior convictions occurred within the last ten years, she could be charged with a felony that carries a maximum sentence of there years in state prison.

Even if she isn't sent to prison, she is likely to do substantial jail time for the new offense and for violating probation on her third conviction.

Your friend needs a residential treatment program, but by the time somebody gets a fourth DUI, judges are usually more concerned with getting them off the road to protect the public than with helping them.

She needs an experienced DUI attorney. If she can't afford to hire a lawyer the judge will appoint the Public Defender.

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Answered on 8/23/09, 6:29 pm
Gary Polston The Law Office of Gary M. Polston

Four DUI's in a ten year period will be filed as a felony, regardless of whether they occurred in multiple states. Your friend is looking at serving time, how much will depend on the jurisdiction, the facts in the case, as well as how well her attorney handles the case.

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Answered on 8/24/09, 6:36 pm
Terry A. Nelson Nelson & Lawless

She faces serious jail time for this charge and the probation violation. If she is serious about getting legal help fighting this and seeking minimun penalties, feel free to contact me. If she can't afford private counsel, she must apply to the public defender.

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Answered on 8/24/09, 7:45 pm


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