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In Calif what are the various sentences for a 1st, 2nd, and 3rd misdemeanor DUI.

San Francisco, CA |

Not sure how many DUI's are within the past 10 years.

He just plead "no contest" to a misdemeanor DUI and sentencing is in 2 wks.

For unknown reasons the other charges (felony DUI, 3 felony assault and 1 felony assault w/ deadly weapon) in this event were dropped. Not sure if this was some sort of deal. He did have psych evaluations (4011.6 & 730 & 1017) during his jail time (couldn't make bail).

He has a long history of getting drunk, calling 911 and being in the hospital overnight. He's been committed by the authorities several times in 2 states for his drinking. Each time he was committed it was following a violent event and the police got involved. Assault charges keep getting reduced or dropped because he was drunk each time.

I feel in my heart the drinking and violence will continue and escalate. He or someone else will end up injured or dead eventually. I would love for the court to order he wear one of those alcohol ankle monitors as well or maybe do random tests for alcohol for a few years. By the way - the most recent incident with all the felonies that I describe had to bail set at $300,000 and now it's just one misdemeanor. Such a change!!!!

Attorney Answers 3

Posted

For misdemeanor DUIs, the range of sentences is as follows:
First: minimum 2 days maximum 6 months
Second: minimum 10 days, maximum 1 year
Third: minimum 120 days, maximum 1 year

He will also be ordered to attend and complete the appropriate DUI school. Contact his attorney or the DA prosecuting the case for more details about what his sentence will be and why.

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Posted

With his history I am hoping for at least the 6 months. Shortly after he was arrested the DA's office gave me the case number and told me I'd have to talk to the PA if I wanted to discuss the case. PA never returned my message.

Asker

Posted

He can't be trusted to show up to the DUI school. It will have to be during his jail time if he gets any more. He has a history of getting out of jail and leaving time with bench warrants being issued. He thumbs his nose at the law or anyone else who tells him what to do.

Asker

Posted

meant to say "town" not "time" above

Posted

The sentences vary from city to city but typically you can expect probation for 1st, probation w/ a little jail time for 2nd, probation and a few months of jail time for third. Four in ten years is a felony and they will go to jail for at least a year.

There is a lot of leeway in sentencing for the DA and for the judge than they try to take into account age, criminal record, personal history, etc. The dropped charges may have been a deal or they may have dropped them for a number of other reasons.

Thomas A. Schaeffer, Esq. Law Office of Juarez and Schaeffer PO Box 16216, San Diego, CA 92105 (619) 804-4327 www.jslaw.org This posting is provided for "informational purposes" only and should not be relied upon as "legal advice." Nothing transmitted from this posting constitutes the establishment of an attorney-client relationship. Applicability of the legal principals discussed here may differ substantially in individual situations or in different States.

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Posted

I am hoping personal history will keep in jail and forced help with his "issues" and alcoholism. He's one of those people who refuses to get help and stick with it.

Posted

You already received the various ranges for a DUI. What you are looking for is not a legal answer. If he does kill someone as a result of a future DUI he can be charged with murder. If this is someone you care about make sure they seek treatment.
Robert Driessen

Mr. Driessen is a former Deputy DA in Orange County with over 8 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. Driessen, feel free to contact him at www.theocduiguy.com.

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Posted

In the past he's lied about getting treatment and it appears he doesn't want to bother with it.

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