What are the penalties for a 3rd DUI?

I got a DUI in OC four 6 years ago. I did not fight it and plead guilty. I paid the fins and finished the DUI course. If it matters is was at .10. 4 months ago I go another DUI in OC. Blood test showed a .15. I was appointed a public attorney to defend me. Three weeks ago I accepted a deal whereby I did 60 days electronic monitoring plus fees and lost my license for a year. 3 weeks after accepting that deal I got another DUI. Blood was .35 and I hit a parked car. nobody was in the car. Court is Fullerton. What will happen to me? I was told Fullerton offers a DUI court. Am I eligible? If not, how long will I be in jail? I have a serious pre-existing med condition that requires daily treatment & meds. Can this keep me out of jail? Should enroll in a live-in residential program? HELP!

Fullerton, CA -

Attorney Answers (4)

Mohammad Ali Salimi

Mohammad Ali Salimi

DUI / DWI Attorney - Irvine, CA
Answered

My colleague has provided you with valuable advice. I will simply add that you should take your rehabilitation program very seriously and really consider a lifestyle change. Consider yourself lucky that you did not injure or kill anyone. Best of luck to you.

This is NOT legal advice. No attorney-client relationship exists.
Michael Korry Bialys

Michael Korry Bialys

Criminal Defense Attorney - Newbury Park, CA
Answered

You should be eligible for OC DUI Court, but do not go this alone. The violation of probation the likely driving on a suspended, the high.BAC coupled with the accident are all very.aggregating circumstances. You need a good lawyer now. And yes residential rehab yesterday.

Gilberto Benito Vega

Gilberto Benito Vega

DUI / DWI Attorney - Sacramento, CA
Answered

I don't mean to sound like one broken, legal record, but if ou continue to drive while drinking, you may take another's life and in so doing, face second degree murder charges. Besides the 180 days in custody that you will likely face, you might find that the court orders you to three years of probation with up to three or four meetings a month. Good luck and stop drinking and driving.

Richard Wagner

Richard Wagner

DUI / DWI Attorney - Irvine, CA
Answered

The minimum amount of jail is 120 days. BUT, in Orange County, they do not give out the minimum. You are looking at the maximum which is 1 year. However, you can get the jail-time shortened by entering rehab and/or qualifying for DUI Court.

The DMV will also revoke your license for 3 years, but you can get a restricted license after completing 6 months of an approved DUI school, if DUI was alcohol only.

All of the mitigating evidence (preexisting med condition) needs to be put before the judge and DA.

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