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Is it possible to not receive jail time on a 3rd DUI in San Bernardino county?

Loma Linda, CA |

I received my 3rd dui last week. I am not sure what I blew. He had trouble getting a match on the breathalyzer. They took my blood in jail. I am willing to receive treatment for alcohol since I have had such trouble in my life. My family relys on me to work and provide for them. I work 65 hours a week at a salary job. I am terrified of losing my job due to jail time. Plus I have need to travel often for work. I would be willing to do any classes or treatments possible. I know I need a lawyer but haven't hired one yet. What should I do?

Attorney Answers 4


You already had the answer -- you need to meet with an attorney to review the facts of this case and to develop a strategy. Is it possible? How hard are you willing to work at the resolution? It's time to start now.

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.

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Contact a quailified DUI attorney in San Bernardino to answer specific questions. A third time DUI must do a minimum 120 days of custody . Generally an alternative to custoidy is available such as residential alcohol treatment, electronic survailance and scram monitoring and other alternatives. The good news also is that the DMV allows you to get a restricted drivers license after a 6 month suspension, if it is suspended. Also don't forget the the current DUI my be defensenable!. Don't wait contact a DUI attorney right away.

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My suggestion is to immediately contact an attorney so that you can request your administrative hearing with the DMV - this must be done within 10 days of your arrest. I agree with Mr. Fremont that the third time DUI carries a minimum of 120 days in custody - a local attorney can assess how likely you may obtain an alternative to jail. Note that the driver's license suspension after conviction is three years, and you can be eligible for a restricted license after 6 months which is a recent change in the law. You need a creative solution to maintain your employment while dealing with the sentence and your best bet may be to fight the case altogether.

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Yes, it is possible. But the case needs to be prepared and presented appropriately. Something that will factor into this is when the priors occurred.

Also, depending on circumstances, you be able to shoot for more than just no jail time. It may be possible to get a reduction in charges.

As you indicated, contact a local Attorney to discuss details and have them gauge the strength of the case.

Don't forget you also need to request a DMV hearing within 10 days from arrest or risk your losing your license automatically. If your close to that deadline already, speak with an attorney ASAP. A 3d within 10 years will trigger a multiple year APS suspension.

Feel free to give me a call if you want. I always offer free consults and I'm just down the road.

Any information provided through in response to a question is not, and cannot be considered a formation of any Attorney-Client relationship. Questioner understands that the nature of this system allows only for a cursory review of case information, and more detailed information should not be divulged in this public forum. As such, Questioner is recommended to contact an Attorney in order to discuss the full details of their case and a more specific advisement of potential rights and liabilities.

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