Legal Question in DUI Law in California

My son just got a dui, his 3rd one in 4years. After the 1st two DUIs I got him into the Job Corp where he got his HS Diploma, completed his job training for his trade and got into the union, has a good job now paid off all his court fines and completed his probation. He also just got his DL back on a restricted use for work. He also has a 1year old baby girl and is the sole provider for the baby and mother, although their not married or living together they have a relationship together and pays $600/mo child support. He was doing so good and just getting his life back to being a productive member of socitiey it just breaks my heart to see it all fall apart on him again. Although he brought it on himself after me telling him what will happen if you drink and drive he made a bad choise and did it anyway and got caught. His charges are as fowllows: VC 23152(a), VC 23152(b),VC 21806(a) VC 24400 andVC 23578 What is the best case senerio, worst case and the most likely thing that will happen too him and although he is guilty and needs to be punished I think he knows after me drilling into his head that its not worth it and they(police) don't arrest you and get you off the streets for your protection it's for the protection of the innocent who some day he will kill then be charged with murder. I do believe he understands that now and if I didn't I would say punnish him to the fullist of the law but he just got his life back on track and this could be just the thing that would be the end and the start of never having a productive life. What are the chances of getting through this with the least amount of hardship to him. Thank you for your time.


Asked on 8/23/09, 6:58 pm

1 Answer from Attorneys

Brian Dinday Law Offices of Brian R. Dinday

If he were my client, I'd have him attending three AA meetings a week and then stall the case as long as I could. At the end, I would hope to show a rehabilitated client with a year's worth of sobriety and some other impressive stuff to show he really HAS changed. He sounds awfully immature. I would also suggest taking up all his free time with volunteer work, and provide documentation of that to the court as well. I used this approach with an ecstasy dealer and got him off with only three months of jail. It could work for him too, but only if he really changes.

Sadly, your prediction of the murder charge is totally realistic. I somehow doubt he is grown up enough to realize it. If he is, tell him to read this: YOU ARE SOMEONE WHO CAN NEVER IN HIS ENTIRE LIFE DRINK AGAIN. YOU WILL NEVER BE ABLE TO HANDLE IT. EVER.

Good luck, and I grieve with you.

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Answered on 8/23/09, 7:17 pm


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