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Can i hurt my chances for alternative sentencing on 3rd dui by saying to much?

Sacramento, CA |

i am a single father "hoping" for alternative sentencing for back to back dui's in two weeks have court in a couple days for the first and court 8 days later for the last. . have had two before. first 11 years ago and second 9 years ago. the bac for the first of my most recent was .29 and unknown for last one. i have gotten myself into an intense outpatient program but doesn't start till 4 days after first court date. this is my question. i completed this same program 4 years ago for an informal cps case and was sober for about 4 years before these recent dui's. should i inform the court of this or will it hurt my chances for a program instead of jail? the county aod office said they can get me into inpatient right away if the court wants. should i inform them of this? no lawyer pleasehelp

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Attorney answers 3


Anybody facing two DUI hearings in 8 days had better dig deep into his pockets and pay a lawyer. You will not be successful on your own. You are facing a mandatory 120 days of jail time so your lawyer will have to lobby long and hard for some form of EM or home arrest. Anything you say in court without a lawyer's input will only hurt you.


You need an attorney for this. If you cannot afford an attorney you need to request the services of the public defender. There is no need for you to say anything in court. Your attorney should do all the talking for you.
Robert Driessen


Given these facts, out of concern for public safety, the court is likely to order you to post bail on these two cases. This is called a "bail motion". Your 11-year-old DUI fortunately can't be used against you here, but the court won't likely be pleased to learn of the two DUIs and an extremely high BAC in one of the two open cases.

You should get a lawyer, and unless you want to resolve your case immediately, have a bail bondsperson ready to go at the next court date or else you face a realistic chance of being taken into custody at your court date.

Fortunately, alternative sentencing is an option even on a third DUI. Get the public defender appointed or hire private help. The good news is that if you are working and willing to resolve early, you may be able to avoid a huge amount of jail time. Please do yourself a favor and let your attorney speak on your behalf. Give strong consideration to inpatient program now, as you have a great risk of picking up a felony DUI if you continue to drink and drive. Good luck.

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