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Will i go to jail with my third DUI? Can i prevent from having jail time?

Los Angeles, CA |

I got my third DUI on a street chekpoint a percentage of 0.11, my last one's I cleared out. what will happen to me after this.i dont want to go to jail or loose my recidential.

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Attorney answers 8


Third DUI within ten years? Yes, you will do jail time if you are convicted or plead guilty. You may be eligible for home confinement or private jail.


There are many ways police can screw up a checkpoint. If this is your 3rd DUI within 10 years, and IF you are convicted, there is a statutory minimum of 120 days in county jail and an 18 month alcohol program or 30 days county jail with a 30 month program.

If you plead guilty or no-contest, there is a 100% chance you will be convicted.

Contact an attorney ASAP. Most of us here on AVVO that concentrate on DUI will give you a free consultation.

Troy Slaten, Esq. DUI Trial Lawyer 310-824-8896


The short answer is yes. With the 3rd time DUI you get MANDATORY 120 days in county jail but there is an alternative to that called the 30/30 program but only if the DA offers it otherwise you go to jail. Plus you will be on 3 to 5 years of probation, about $3000 to $4000 in fines and fees and 18 month program plus MADD and HAM program. There may be things that can be done in your case depending on the facts. Call an attorney and discuss your case.


My colleagues are correct - a 3rd DUI carries a mandatory 120 days in jail minimum. It is worth every penny it costs to find and hire the attorney you feel will best represent you to explore all possible defenses or, if none appear applicable, to work with the court and prosecution to see if an alternative to jail, such as a live-in sober house with permission to go to and from work, might be achievable.

If I were you, whether you personally believe it to be the case or not, I would start right now going to AA and/or seek other treatment programs that might help convince the court you have acknowledged you have a drinking problem and are taking steps to ensure you get a handle on it.

A lot can depend on the court you are in, if you can provide that information.


The answer depends on whether you picked up the 3rd within the ten year period. If so you are looking at substantial mandatory minimum jail. The good news is that it is in Los Angeles County. You have no option but to hire experienced local counsel. The punishment is harsh. If you do not have a good trial defense your attorney will help find you good alternative sentencing. Many of us offer free consults including my firm. As a former Gaucho I know a bit about the SB culture.

Brian Michaels
Southern California Criminal Defense


When you say your previous DUI's are "cleared out," what exactly do you mean? That you are no longer on probation for those DUI's? Or are the prior DUI's over 10 years ago, (thus no longer priorable for sentencing purposes)?

The answer to those questions will help an Attorney better advise you as to what the potential consequences could be.

In regards to your case. A 0.11 BAC level, although above the legal level, can be defended. Plus, you were stopped at a checkpoint, so no bad driving observed. It may be possible to get your DUI charge(s) dismissed or reduced. There are many potential defenses to your case, and many variables when it comes to sentencing possibilities. [removed]

Legal disclaimer: This message does not constitute legal advice and is for informational purposes only. This message does not establish an attorney-client relationship, which can only be established once a retainer agreement has been fully executed between you and this firm.


If by "cleared out" you mean one of the dates of arrest is more than tens years prior to the most recent: Probably not for more than a weekend at most. A lawyer can minimize the consequences.

If "cleared out" means probation is expired, but both priors are within 10 years: 120+ days jail means you spend a fraction of that amount actually in jail.

If you have anything to lose, hire a lawyer.


You can serve your time on house arrest

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