Is it possible to get house arrest on a 3 rd duo in Ventura county?

Asked almost 3 years ago - Ventura, CA

I was just arrested for my 3rd duo my bac was .22 I was not pulled over by an officer in was involved in a very minor single car accident in a vons parking lot I backed into a curb at about 10 MPH went into the store to use the phone to call my girlfriend and tell her what happened walked out of the store and an officer was there waiting for me and then placed me in custody. So what can I expect as my sentence? I plan on hiring an attorney just wondering what people here think.

Attorney answers (4)

  1. Derryl Stephen Halpern

    Contributor Level 12

    1

    Lawyer agrees

    Answered . sentencing can vary but if convicted of basic DUI third time would result of jail of at least 120 - 210 days.
    and lots of other penalties.

    Seems as tho you may have some defenses to your case, I would retain a criminal defense lawyer asap to help you through this issue.

    You can contact me if you need a referral up in Ventura, I know lots of DUI attorneys in that area.

    Good Luck
    Derryl S Halpern dsh@halpernlawcorp.com

  2. Mindy H McQueen

    Pro

    Contributor Level 9

    1

    Lawyer agrees

    Answered . Possible yes. My practice is based in Ventura County, and I can tell you that in the past house arrest was not an option on a 3rd. It still may not be, but there is more of a chance for it now with the "Realignment"--a whole new sentencing scheme where they are going to send a lot more people to county jails, who would normally have been sent to State Prison. It may be that the county jails get so crowded that they have to explore other options. BTW--the DA will be after a sentence of 130 days to 180 days based on a 3rd DUI with a high BAC, plus an accident (although very minor) --you had best seek good legal help here in Ventura County.
    -MIndy McQueen

  3. Robert Laurens Driessen

    Contributor Level 20

    Answered . You need an attorney. Ventura County is one of the strictest as far as sentencing for DUI’s. You have a high BAC (.22). The good news is there is the case has potential no drive issues. You will also be assisted by the new law AB 109 however it is still too early to tell how that will affect misdemeanor sentences. The mandatory minimum is 120 days in jail. However it is not uncommon to get an offer of 270 days plus in Ventura or Orange county as they are the harshest in terms of DUI sentences. Get an attorney to assist you that is familiar with Ventura County.
    Robert Driessen

  4. Andrew Stephen Roberts

    Pro

    Contributor Level 20

    Answered . I agree with Ms. McQueen. House arrest is typically not an option for a 3rd DUI in Ventura County. Ventura is one of the toughest counties for DUI's. I practice in Ventura regularly. Realignment may present more options- but the DA is going to look for a sentence of 130 -180 days for this DUI because it was a 3rd and high BAC.

    Call me with any questions.

    Andrew Roberts
    (805) 496-7777

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