I got my third dui in ten year period, is there any thing i can do to minuimize jail time? I refused breath test and sobriety.

Asked over 2 years ago - Calhoun, GA

i refused to take any test the cops where tryiung to give me, i only spent 5 hours in jail before being boned out.

Attorney answers (3)

  1. Zachary Walter Procter

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    Contributor Level 15

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    Answered . If you did not perform any fields or submit to a breath test, you may have a good case to fight. You should talk to an attorney who specializes in DUI and have them begin an investigation of your case as soon as possible.

    You shouldn't give up hope just because you have priors. The police have to establish probable cause for arrest whether it is your first DUI or your tenth. If they do not have any fields to go on, many times that probable cause just isn't there.

    To answer your question, the best way to minimize jail time of course is to beat the DUI. Failing that, you will want to go ahead and complete as many of the terms of a DUI sentence as you can prior to entering a plea and begin receiving treatment for alcohol issues. Those will go a long way towards convincing a prosecutor and judge to go lightly on the jail time.

  2. Kevin Aaron Chastine

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    Answered . What happened with your prior to cases? Were they reduced or were you convicted? On a third charge in 10 years the prosecutor is unlikely to reduce your case to reckless driving. You may have to go to trial, but the good news is if you refused the breath test and did not do field sobriety evaluations, you have a good chance at beating your case at trial. Give us a call if you want to speak in more detail about your case at no charge, we handle DUI cases in your area. 404—987-0245

  3. Brett Ladd

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    Answered . If your case is in Gordon or Bartow County, it will receive different treatment than if its in Cobb or some other county. And if its in a City court, it will be even more different. I am in those courts regularly.

    That being said, you have ten days from the date of your arrest to file a request for a hearing and $150 filing fee; otherwise, you will lose your license for a year. Your case could take that long just to get to court!

    Whether you can beat it or get it reduced depends on which Court its in. There are too many different scenarios to go into here, but give me a call and we can come up with a plan. By the way, 3/10 for Drivers license purposes is treated differently than 3/10 for punishment purposes. We can talk about that, too.

    In any event, get a lawyer. And if you don't contact me, good luck anyway.

    You can contact me at my office at 770-744-4211 or by email through this website. The questioner and any reader do... more

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