In California do you go to prison after 3 DUI’s?: Got stopped for dui and driving on a suspended suspended license .
Christopher’s answer:
It would only be possible to go to prison (over 1 year in custody) on a 3rd DUI on specific circumstances. Generally, a 3rd DUI is only a misdemeanor with a minimum of 120 days of jail and a maximum of 1 year in jail.
One only goes to prison for felonies, and a DUI is a felony only under certain circumstances. Specifically a DUI can be a felony if one has 3 prior convictions in 10 years prior to the offense date of the current 4th time DUI.
Any DUI can also be (though isn’t required to be) a felony if in the commission of the DUI offense, the suspect is responsible for causing an injury.
Lastly, one can get a felony DUI for any DUI committed within 10 years of just one prior DUI if that prior DUI was a felony. In other words, if one gets a felony DUI with injury, any subsequent DUI (whether a 2nd or 3rd, whether injury or not) could be charged as a felony.
Any of those felony DUIs could result (though don’t have to result) in custody time in prison, which means greater than 1 year. It is also possible to get formal felony probation and jail time, which means less than 1 year in custody in county jail.
Might there be repercussions for letting someone borrow a vehicle without a drivers license?: I let a friend borrow my vehicle, and i didn't know that he had a suspended license. He was pulled over and charged with DUI. Should I be worried about any sort of criminal charges filed against me?
Christopher’s answer:
There could be repercussions but only with regard to the impound of your car. The police may not release it to you if they don’t believe you that you did not knowingly loan your car to someone whose license was suspended.
If they require a hearing to prove that before releasing your car, you must request it within 10 days. Failure to do so could result in your car’s confused impound and eventually forfeited and sold. If you put such a request in writing then a hearing must be held within two days. At the hearing you will be given an opportunity to give your side of the story.
See Vehicle Code section 14607.6.
Can I be reinstated for PC 1000? : I was discharged from PC 1000 after testing positive on a random drug screen. I have been attending and participating in the program as well as all required NA meetings. I have aslo passed two previous drug test. I contacted my public defender the morning after I was discharged. It is now going on my 3rd day without a response from him. I'm thinking of adding myself to the calendar and just going tomorrow on my own. Is it possible to be reinstated by the judge and if so how likely is it that I would be reinstated? What is the window of time before its too late for reinstatement? Should I go to court without my public defender?
Christopher’s answer:
You can be reinstated though, generally, the PC 1000 statute says you only get one chance. If the public defender's office doesn't return your calls, go into their office personally and request help. If that doesn't work, you can go in and put yourself on calendar. That would likely lead to the public defender in that court room getting handed your case and warranting that he or she speak to you.
If you can't get reinstated on PC 1000, there is a good chance you are eligible for Prop. 36, which is another program similar to PC 1000 wherein you complete a drug program and get your case dismissed.