Is the fourth DUI a mandatory prison sentence?

Asked over 5 years ago - Ventura, CA

I was on probation when i got my third DUI. While going to court for the third I got arrested for my fourth DUI. I am serving 4 months on the third right now in county jail but i have an out of county warrant from Tulare county (CA). What are the chances that I'll get probation instead of prison?

Attorney answers (2)

  1. Brian C Andritch

    Contributor Level 13

    Answered . As I'm sure you are well aware, a fourth DUI within a ten year period is a felony. The maximum sentence for a felony DUI without injury is up to 3 three years. Prison is not mandatory and a lot will depend on your individual circumstances. How familiar with Tulare County are you? I practice in Tulare County and they have quite the reputation for being tough on crime and handing out harsh sentences. The fact that you were on probation for DUI is not good. This does not mean that an attorney can't help you though.

    Have you already pled guilty to the fourth DUI? If not, you and your attorney need to focus on how to beat it. Why were you pulled over? What was your blood alcohol content?

    Brian Andritch
    www.jeffhammerschmidt.com/Bio/BrianAndritch.asp

  2. David Michael Lehr

    Pro

    Contributor Level 9

    Answered . No. A fourth DUI requires a mandatory 180 day jail sentence. Prison will become less likely if you attend a residential treatment program before you are sentenced.

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