Can I get alternative sentencing for 3rd dui?

Asked almost 4 years ago - Antioch, CA

I received my 3rd one. It was actually a dwi unfortunatly, but california charges it as the same thing so it makes it my 3rd. My other two were in 2006. I have a16 mo. old soon and my husband works, can I get house arrest or anything else besides jail time? My court dates tomorrow in pittsburg, ca and I cant afford a lawyer because I can only make payments. Will I go to jail tomorrow or get appointed a public defender and have another court date?

Additional information

I was released a coupler hours after my arrest on O.R. So there was no bai set and I was not on any type of probation.

Attorney answers (4)

  1. Jimmy Cha

    Contributor Level 13

    1

    Lawyer agrees

    Answered . The statuatory minimum for a 3rd time DUI is 120 days, and a maximum of up to 1 year. However, there are many alternatives to jail time, i.e. house arrest, SCRAM program, community labor, outpatient alcohol program, etc.

    Many attorney's are willing to take reasonable payments. If however, you feel as though you cannot still afford one, go with a public defender.

    As for having another court date or whether or not you'll go to jail. Well, that really depends on a lot of factors such as, are you on bail, are you taking a plea tomorrow, are you in violation of probation, etc.

  2. Nafiseh Nina Trehzure Hodjat

    Contributor Level 11

    1

    Lawyer agrees

    Answered . Looks like Mr. Cha hit the nail on the head. The judge has the power to take you into custody tomorrow, and that's something you should be prepared for, especially if your DUI involved an accident where someone was hurt or if you've violated probation. You might want to talk to a bail bond company before going in tomorrow, in case the judge sets a higher bail than you currently have set and takes you into custody because you dont have a bond company there with you. In any event if you cant hire an attorney who can spend time working on your case, make sure you get a public defender.
    Good luck!
    Nina

  3. Manny Daskal

    Contributor Level 13

    1

    Lawyer agrees

    Answered . Agree with Mr. Cha except I am a bit confused by what you are referring to as a DWI. Thee is no such thing as a DWI in Ca., if you had a low breath reading then the consequences are less as related to jail potential and the required class that you have to take. there are a number of alternatives to actual jail time so I would consult with an attorney that primarily does DUIs. there are a number in your area. Go to the California Dui Lawyers website to see who they are and call around to see who might be willing to assist you. If you cannot afford a lawyer the court will appoint one to represent you. Good Luck

  4. Andrew Stephen Roberts

    Pro

    Contributor Level 20

    Answered . The responses given are correct. You are entitled to a Public Defender who will guide you through this situation.

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