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I was arrested for DUI 9 years ago, got second DUI reduced to wet and reckless and recently got another DUI.

San Francisco, CA |

Does this count as a 3rd or 2nd?

So would i get time in jail? And how many days?

Attorney Answers 8


  1. wet / reckless is considered a prior DUI, so 3.

    The above is not intended as legal advice. The response does not constitute the creation of an attorney client relationship as this forum does not provide for a confidential communication.


  2. This counts as your third. You should consult with an attorney about any potential defenses that you might have and be sure to contact DMV and let them know that you want a hearing to contest the license suspension. You only have 10 days to preserve this right. I handle DUI cases in San Francisco. Feel free to contact me about your case. Good luck to you.


  3. This will count as your 3rd DUI. Contact an attorney. It may be possible to beat the case, negotiate down the punishment or strike the oldest DUI to reduce the punishment.


  4. The mere fact you got arrested 9 years ago for DUI does not mean you were convicted. We need to know if the arrest from 9 years ago resulted in administrative action or a conviction before determining if this is a 2 or 3rd offense unless CA counts arrest as priors for enhancement.

    My response to your question is a generic response and should not be construed as controlling to your case. I can not effectively advise about your case without knowing all the facts. Additionally, my response does not create an attorney-client relationship. You can contact my office to schedule an appointment if you would like to have me represent you.


  5. This would be your third dui, meaning a mandatory 120 days jail, among other things, if you are found guilty. You definately need an experienced attorney to help you. I handle DUI cases in SF - feel free to contact my office for a free consultation to discuss your case.

    Mr. Feasel is a former Deputy DA in the SF Bay Area with over 10 years of criminal law experience. Nothing stated on this site shall in anyway be construed as legal advice, or as creating any attorney/client relationship. If you would like to hire Mr. Feasel to further investigate your situation, feel free to contact him thru this site.


  6. You said you got arrested for a DUI 9 years ago. What about a conviction? This one counts as a prior ONLY if your plead to a wet or DU.

    You had another DUI reduced to a wet. I presume that you then plead guilty to that charge. This would be a prior.

    You recently got another DUI. If alleged - then the other two DUI's/Wets make this a third DUI. BUT SOMETIMES the DA messes up and doesnt charge the priors. Rare but happens.

    Minimum is 120 days jail - can be done on an alternative program.

    The above information does not establish an attorney client relationship nor is it meant to provide legal advice.


  7. You need a good DUI lawyer. Even though the second was reduced to a wet reckless, you are looking at a DUI with two priors and a mandatory minimum of 120 days custody. Perhaps the lawyer can get the first prior struck by the prosecutor because it is so old.

    Any comments offered are not intended as legal advice. This attorney does not know the specifics of the particular case sufficiently to offer legal advice. You should hire a lawyer who can evaluate the details of your specific situation before offering advice.

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