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According to your experience as a lawyer, how long do people usually go to jail for a third DUI ? in SANTA CLARA COUNTY

San Jose, CA |

My Boyfriend was arrested on a warrant because he didn't show up to court for his 3rd DUI. yes third. Certainly NO ONE wants to go to jail. So I've been investigating like crazy. And according to my research its minimum 120 days in jail.but I've heard there is prisoner over crowding and b/c of this some prisoners are being given 2/3 or 1/2 of time. According to your experience as a lawyer, how long do people usually go to jail for a third DUI offense in a real life scenario not going by the books?

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Posted

120 days is minimum by law..normally 180 days is the morm. Being in resedential rehab can avoid jail

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Posted

Every case is different based on the crowding situation available at the time. The minimum on a third is 120 days, HOWEVER, most people will receive what is called "Penal Code 4019" credits anyway. Currently, they are at about 50% "good time" credits. So he can assume 60 days at least. Whether its any lease is too hard to determine because there is not formula. It just depends on circumstances at the time of surrender.

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Posted

thank you!

Posted

A Judge may add some time for failing to appear - did he accept an offer yet and then miss sentencing or was it before a plea - it may affect him.

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Scotty J Storey

Scotty J Storey

Posted

As a Santa Clara County practitioner, I see offers from 120 days to 180 days depending on the circumstances.

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Posted

thanks scotty

Posted

There is no hard and fast rule as to exactly how much time he will get. There is jail overcrowding but again how long he will actually spend in custody (if he gets any) for a DUI is not known without knowing other factors. For instance, you say this is his third DUI but when were the others? Is he currently on probation. Was this DUI or the previous ones violations where the BAC was over .15. Finally, as my colleagues pointed out, he faces even more scrutiny and potential custody time because he failed to. Again the question is how long ago did he fail to appear (one month, one year, etc)? All of this matter. Your best bet is to hire a local criminal attorney that can effectively explain his situation to the judge and argue for as little time as possible. There may be several other issues involved that may lessen the time he spends in custody. Good luck.

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