Skip to main content

I live in North San Diego. Just received my third DUI in ten years. Is there any alternative to jail time, so I can save my job

Carlsbad, CA |

First DUI, was in 2005, second was in '06, third was a couple days ago. I wasn't on probation, took care of everything for my previous ones.

Attorney Answers 11


  1. House arrest or private jail may be an option? There are private jails that allow you to continue working. You will need an attorney to help you with this most likely.


  2. Hire an attorney right away. This is serious. You face possible jail time, loss of license and VERY high insurance rates. Get a DUI lawyer now!

    The information provided is for general informational purposes only and is not intended to be legal advice. I am only licensed in the Commonwealth of Pennsylvania and I am not providing you with specific legal advice. The law changes frequently and varies from jurisdiction to jurisdiction. Being general in nature, the information provided may not apply to any specific factual and/or legal set of circumstances and/or the jurisdiction where you reside. No attorney-client relationship is formed nor should any such relationship be implied. The information provided is of a general nature is not intended to substitute for the advice of an attorney, especially an attorney licensed in your jurisdiction. Your question, although you may believe is simple, it is not simple. You require legal advice, please consult with a competent attorney licensed to practice in your jurisdiction.


  3. Maybe, but you will need good representation. A third time DUI requires a mandatory minimum of 120 days' jail time. Although there are alternatives to actual jail time, there are a lot of variables that go into the willingness of the court and the district attorney to go along with those alternatives.

    Contact some attorneys to discuss your case confidentially--many of us on Avvo provide a free consultation.


  4. The prosecution will likely allege the priors. You should obtain private counsel to fight your case.
    You want to keep fighting and determine what alternatives after your attorney fights.
    It is key that you hire the best locally experienced criminal defense attorney to represent you that you can afford. You should obtain a free consultation as soon as possible. Good luck.

    This reply should NOT be considered a legal opinion of your case / inquiry. At this time I do not have sufficient factual/legal documentation to give a complete answer to your question and there may be more to the issues you raised then I have set out in my brief reply


  5. In San Diego county it is possible to work out an agreement with the prosecution and judge that will avoid actual time IN jail. Alternatives like GPS home detention are definitely possible. Jail is "mandatory", however an experienced DUI attorney who knows how to handle these matters is of invaluable assistance.

    William Daley (619) 238-1905 / www.lawofficeofwilliamdaley.com


  6. Yes yes yes there are a lot of alternatives to jail the good news is that
    your priors are old 2005 2006 you should speak to an experienced dui
    attorney , in North San Diego County check out the avvo profiles and speak
    to hey number of attorneys. Make sure the attorney is a DUI specialist with
    more than 10 years experience and hasn't have a rating of at least 10 and
    multiple reviews and peer endorsements


  7. The upside is that there plenty of alternatives. The key is persuading the prosecution and there's many ways to do that also. My advice is not to procrastinate and to jump on this right away. This show the prosecution that you are taking this seriously. First thing to do is to setup several free consultations with DUI attorneys to determine which one best suits your needs. I wish you the best and hope everything turns out your way.

    Michael K. Cernyar, Esq.
    "For Your Freedom Because Sometimes Good People Find Themselves in Bad Situations"

    The response above is not intended as legal advice since it’s impracticable to provide thorough, accurate advice based upon the query without additional details. It is highly recommended that one should seek advice from a criminal defense attorney licensed in your jurisdiction by setting up a confidential meeting. Moreover, this response does not constitute the creation of an attorney-client relationship since this message is not a confidential communication because it was posted on a public website, thereby publicly disclosing the information, which is another reason to setup a confidential meeting with an attorney.


  8. You should hire an attorney to help you with this. There are alternatives to jail time such as house arrest, programs etc, however you will need an attorney to assist you with this. You must also remember that you need to set a DMV hearing within 10 days of the arrest. You should consult with an attorney ASAP as an attorney can get you on the correct track to putting you in the best position to be considered for alternatives to actual custodial time. Best of luck.


  9. Absolutely. Hire yourself the best, locally experienced criminal defense attorney you can afford.

    Don't get too caught up on Avvo ratings and years in experience as others have suggested. Rather, focus on the experience as it relates to the number of cases handled and overall client reviews. Many time an "experienced" criminal defense attorney in years in practice is not nearly as skilled as one with less years, but one who has successfully handled more cases in a shorter amount of time.

    Bottom line: Hire the office you feel most comfortable with and who has the proven record of success.


  10. Yes, definitely. Especially given the age of the priors and your desire to remain employed. (Putting people out of work by putting them in an expensive jail does not bode well for any part of society.)

    First - you'd work on the "guilt" issue: Is there a way to avoid the 3rd conviction altogether.
    Is not, then...
    Second - you'd work on how to "pay your debt to society" while not becoming unemployed.

    There are definitely alternatives - home arrest with GPS monitoring, private jail confinement with "supervised" release for work, residential treatment facility in lieu of jail (with release for work), weekends (that's lot of weekends, but if you're committed to it.)

    You need a qualified attorney who has the time and expertise to commit to your case.
    You can do this. Where there is a will, there is a way.

    Start interviewing some of the local, qualified attorneys who offer free consultations. I think you'll like what you hear.

    Good luck, and keep moving forward.


  11. Yes, many Judges are now allowing the ankle bracelet/home detention option instead of jail time.

Criminal defense topics

Top tips from attorneys

What others are asking

Can't find what you're looking for?

Post a free question on our public forum.

Ask a Question

- or -

Search for lawyers by reviews and ratings.

Find a Lawyer

Browse all legal topics