Legal Question in DUI Law in California

I have a prison prior due to a felony DUI (it was a felony because I had 4 within 10 years). This arrest was almost 5 years ago.

I recently got pulled over and blew a high BAC and am now facing a felony DUI charge. I am now voluntarily wearing a SCRAM bracelet and attending AA meetings. If I ultimately get charged with a felony (which is very likely) how likely do you think it might be that I am sentenced to actual "prison time"? Does the realignment plan come into play here?


Asked on 9/04/12, 1:39 pm

1 Answer from Attorneys
Joshua Hale Hale Law Group

Generally the court will be reviewing use of jail space, amount and type of custody in programming, and use of risk/need assessment in sentencing, supervision and case management.

Long story short, there is not a definitive answer, and do to the repeat quality of your offenses, the court may very well want to see you do some time.

You need an attorney immediately. As a 4th DUI, most likely still on probation, you have some serious problems. Feel free to call me at your convenience.

619 669 9384

Hale Law Group

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Answered on 9/04/12, 1:50 pm


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