MY HUSBAND HAS BEEN ARRESTED FOR A DUI CHARGE 2 YEARS AGO. HE IS BEING HELD AT $5,OOO BAIL. THIS IS HIS FIRST CHARGE.

Asked almost 3 years ago - San Diego, CA

WILL HE BE ABLE TO POSSIBLY GO INTO A PROGRAM, AA, AND OR PROBATION? OR WILL HE HAVE TO DO TIME? THIS IS HIS 3RD ARREST FOR THE SAME CHARGE. I JUST FOUND OUT HE HAS BEEN ARRESTED ONCE SINCE HIS INITIAL ARREST BACK IN AUGUST OF 2009. THEY LET HIM GO IN THE EARLY MORNING AND I THOUGHT HE WAS AT WORK THE TIME. WE SEPARATED A COUPLE OF TIMES IN THE PAST 3 YEARS SO I JUST REALLY FOUND OUT ABOUT IT A YEAR AGO. WE ARE ABOUT TO HAVE A BABY IN THE NEXT 2 WEEKS AND I AM JUST PLAIN UP AT ARMS DISAPPOINTED AND SCARED HE WONT SEE HIS DAUGHTER FOR A WHILE. WHAT CAN I DO? WHAT'S NEXT.

Attorney answers (3)

  1. Mark A. Broughton

    Pro

    Contributor Level 16

    Answered . I suspect there are some missing or misunderstood facts here. If this is really a first DUI arrest, and there are no aggravating circumstances, in terms of jail time I think your husband will not be serving a lengthy term - perhaps a matter of days, and standard first-time DUI conditions. It is curious to me as to why he has been kept in custody at this point on a simple DUI, and why he was repeatedly arrested and released. This makes me think there is more to the story that needs to be reviewed.

    You would be well advised to consult with a good criminal defense attorney who can review all of this with you and your husband. Perhaps you husband is also misinformed as to the nature of the charges he faces, and the possible consequences.

  2. Andrew Stephen Roberts

    Pro

    Contributor Level 20

    Answered . The facts do not add up or make sense. It sounds like your husband has at least one or two prior DUI 's - perhaps with a violation of the terms of his sentence. He needs an attorney to sort this out . He cannot wait on this.

  3. Andrew Michael Limberg

    Pro

    Contributor Level 16

    Answered . There are a number of consequences that attach with a DUI conviction. Also, the more DUI's you pick up the greater the consiequences become. A person convicted of a misdemeanor DUI with two prior convictions for the same within the last ten years can expect to spend a minimum of 120 days in custody. In San Diego County, where I'm a defense attorney, this means that the time will be spent in jail or, possibly, work furlough if he's elgible. You need to consult with a local defense attorney to ascertain his exposure and what can be done to limit the consequences. Good luck.

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