How much time will I serve out of a 6 month jail sentence for misdemeanor DUI?

Asked almost 5 years ago - San Bernardino, CA

Misdemeanor 4th DUI in California.

Attorney answers (4)

  1. Terry Alan Wapner

    Pro

    Contributor Level 11

    Answered . From your question, and the lack of specifics in it, I am assuming that you have been sentenced to 6 months in jail. First off, I will say that's pretty good in light of the fact that it is your 4th. Most CA prosecutors will seek a felony and prison, or, at the very least, 1 year in jail. 6 months is a fairly light sentence. Given that, you will likely do two-thirds of the sentence with good-time credits. There are situations when the jail may let you out early because of overcrowding, however, there is no way to predict if this will happen.

  2. Matthew Edward Williamson

    Contributor Level 15

    Answered . If you have been sentenced, the general rule is every 2 days gets 1 day credit in jail in California. So, 6 months becomes 4 months.

    This can be different in certain counties with overcrowding.

    Good luck with your situation and you're lucky on a 4th it didn't become a felony.

    Matthew Williamson

  3. Manny Daskal

    Contributor Level 13

    Answered . Thank your lucky star and your lawyer that you got a misdemeanor on a 4th DUI. As already mentioned if in custody you would serve 2/3 of the 240 or 180 minus any custody credits prior to sentencing. In the county I practice you would be eligible for release at the 180 day mark. Other counties have different jail conditions and release dates from custody vary. Talk to your lawyer to find out this information and see how you can best minimize your "actual custody time"

  4. Manny Daskal

    Contributor Level 13

    Answered . Thank your lucky star and your lawyer that you got a misdemeanor on a 4th DUI. As already mentioned if in custody you would serve 2/3 of the 240 or 180 minus any custody credits prior to sentencing. In the county I practice you would be eligible for release at the 180 day mark. Other counties have different jail conditions and release dates from custody vary. Talk to your lawyer to find out this information and see how you can best minimize your "actual custody time"

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