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3rd DUI Alternative Sentence in Santa Clara County?

Sunnyvale, CA |

I recently received my 3rd DUI and I am scheduled to go to court in Palo Alto, I've heard that Santa Clara county is a tough place for a 3rd DUI but based on research seems that there are options like VC 23176 which states that if I request to be placed in a Rehab Program Jail is reduced to a Minimum of 30 days. How receptive are judges in Santa Clara County more particular in Palo Alto Courts? I already had my 1st court date and the judge mandated that I be on supervised OR and SCRAM bracelet pending trial, I tried to ask if I could be sent to a SLE in efforts to leverage code 2900.5 but the judge said that he would consider it only at time of sentencing not now. I have been doing a lot of research I still don't have a lawyer and I have approximately 3-4 court dates left. I am an inter

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Attorney answers 5


Get an attorney. While there are some alternatives available in some jurisdictions, there is a statewide mandatory minimum of 120 days of jail time. Use avvo to find a few that are locally experienced and give them a call, You've obviously done your research and they should be able to answer your questions fairly easily. Most if not all will offer a free consultation. Best of luck.

Jasen Nielsen


Well, first off you need to hire a lawyer ASAP. Here in Southern California, I practice in probably one of the strictest jurisdictions in the state, maybe even the country (Orange County). I've had success placing clients in a live-in rehabilitation facility while the court proceedings play out. For one client, who was facing his 3rd DUI, that placement resulted in zero jail time. Start calling rehab facilities to get an idea of the price and living conditions, but above all else, while I commend you for doing research, hire a local DUI attorney of your choosing and do so quickly. Best of luck to you.

The answer above is for informational purposes only and is not intended to provide legal advice or form an attorney-client relationship. The above response should not be relied upon for any specific situation. If you need legal advice specific to your needs, you should consult with a licensed attorney.


Don't do this alone. Talk with an attorney. If you want to talk with a local attorney here on AVVO you can select "Find a Lawyer" at the top of the page. Good luck.


since your liberty is at stake why are you doing this yourself and not
hiring a qualified DUI attorney in your area. A qualified attorney can put
together a sentencing package for you also you may have some defense to
either the case or the alcohol level claim


You're definitely correct on one aspect of your case- Santa Clara county can be a difficult place to handle a DUI case. However, it's even MORE difficult when you're doing it alone. Get an attorney. If you cannot afford one, get a public defender. I guarantee you they will be able to walk you through the process better than you would alone.

3rd DUI's are certainly serious matters and there is high exposure that can be mitigated as you mentioned. Still, having an attorney walk you through the process will not only help you, but ideally make you feel more comfortable.

The preceding comments in no way construe an attorney-client relationship.

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