I recieved a 3rd dui in less then 7 years. the second and 3rd were within 11months. I had a high blood alcohol level .22

I am not licensed to pratice law in California.

You ARE facing 120 days, BUT you may get some time off for "good behavior" while in custody.

in most cases you can do your time in County Jail OR in a work release program/Workfurlough program that used to be run in Logan Heights/Shelltown area.

You should definitely consult with an attorney regarding you charges.

I recommend Charlie Quirk in San Diego. He has two offices. One in downtown SD and the other in North County.

Quirk, Charles - Quirk & Quirk Law Offices

(619) 702-3171 444 W C St, San Diego, CA
(858) 792-3636 12526 High Bluff Dr # 300, San Diego, CA

First of all, I AM licensed AND practice DUI law in California...not another state (unlike the prior answering attorney). Let me give you the bad news then the GOOD news.

BAD NEWS 1st:
A 3rd DUI is 120 MINIMUM, since you are at a high alcohol level AND the 2nd was within the last 11 months, then I'd expect the prosecutor to be starting out 180 on the low end and 365 on the high end because of the probation violation.

Generally your looking at 2 days counts as 3, so if you get 360, you'd normally do appx 240 days. Talk to a good San Diego DUI attorney.

Also, you have the suspension issue and I'd bet you did have the ignition interlock device on your car that I'd bed the judge ordered (another add on charge).

GOOD NEWS
If during the 2nd they struck the 1st and it was officialy on the record, then you may just be looking techincally a 2nd, with is 10 day minimum (but usually more) plus all the additional enhancements.

FOLLOW UP BAD NEWS
If this one now counts as a 2nd and not a 3rd, the court and the DA will know and can still hit you up for a lot of time, up to a year on the 2nd, plus probation violation, etc.

Gooc luck with your situation. The above is general information only.

Matthew Williamson

Mr. Williamson is right. There is good and bad news. A 2d time DUI, if the struck the first is a minimum 96 hours. If they charge you with a 2d and not a 3d that would be good, but in either case their going to pile on with the probation violation.

120 days is 80 days with good time work time credit. But again if charges as 2d then 96 hours and there will be additional time because of the probation violation.

Hire a good SD DUI lawyer!

Good luck.

Edward J. Blum

You obviously have serious isssues including potential violations of probation. Actually, a 30 day sentence can be availble with a 30 month alcohol program under California Vehicle Code Section 23548 (b). Many practicing attorneys and District Attorneys are not aware of these provisions. To give yourself the best chance at a favorable resolution, you should immediately take steps to establish a papertrial that you are serious about dealing with the underlying problem. This might include seeking immediate admission to residential treatment or getting documentation of daily attendance at AA. Caliofrnia currently looks at the last 10 years for priors, so if you have other offenses during this period, you could be looking at a felony. The alcohol level and priors put you in a category that will be regarded as extremely dangerous by the Court and the District Attorney. You need competentent representation together with steps taken by you to demonstrate that you are a person who deserves another chance without the maximum punishement.