Just got 3rd dui and refused the B.A.C. test i think im looking 120 days min/mand is it possible to do my time on weekend.

Asked over 3 years ago - Shelton, WA

im in shelton washington if ive already done a deferrred what consequences am i looking at.

Attorney answers (4)

  1. Linda Medeiros Callahan

    Pro

    Contributor Level 16

    1

    Lawyer agrees

    Answered . No. You either have Judge Meadows (county) or Judge Steele (city of Shelton), and neither judge would I expect to deviate from the mandatory minimum of 120 days (plus 150 days on EHM) unless you have a documented medical condition that would justify conversion of jail time to EHM. The Mason County Jail will not let you do your time on weekends--but they will give you a third off on good time. What you need to do is beat the DUI--don't plead guilty to this one--unless the prosecutor offers a deal--make them prove the case.

  2. Scott Weymouth Lawrence

    Pro

    Contributor Level 17

    Answered . I'm not aware of any courts in Washington that will allow you to do 120 days on Weekends. Work Release is a more likely option depending on whether you qualify. You should consider hiring an expereinced and agressive DUI attorney to see if you have any defenses. If you are still on probation for either of the priors you could be looking at significant time there as well. Also, many courts will consider giving a lot more than the mandatory minimums on a third offense.

  3. Deborah C Anderson Esq

    Contributor Level 10

    1

    Lawyer agrees

    Answered . The offense of driving while under the influence of alcohol or any other intoxicating substance is seriously frowned upon in the US these days. Because of this, you are looking not only at the mandatory minimum jail time that the law requires but also the societal pressure to make an example of somebody who has offended three times. You neglect to mention when these offenses occurred, but if they are relatively close together, the judge who sentences you will undoubtedly give you the higher end of the sentence range. I doubt seriously that she or he will let you serve your time on weekends.

  4. Erick Masten Platten

    Pro

    Contributor Level 18

    Answered . Hello there,

    That will depend on many factors.

    Are you employed; what other criminal history do you have; do you have any crimes of violence; and how weak is the State's case against you.

    It will also be determined if the court has a policy for or against this in their court.

    Sincerely,

    Erick Platten

    Platten Law Office
    Tyler, Texas
    TyelrJustice.com

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