My boyfriend got his third DUI while on probation. They revoked his probation. He’s scheduled to go back to court for his third dui pretrial and his hearing after his probation was revoked. He was over legal limit, over .15, suspended license, didn’t take test on stop and hasn’t paid fines or gone to classes. What’s the likelihood of him going to jail? I told him to take it more serious but he’s young and won’t listen. He still driving, just hasn’t been caught again.
A third offense DUI has a mandatory minimum of 120 days in custody, with a probation violation he is looking at more, up to the amount of time "unserved" on the case for which he's on probation. Whether he actually does jail time will depend on his lawyer, the prosecutor and the judge and the facts of his case, but it seems likely that he will go to jail.
This answer is not legal advice, it may not even be relevant to the question answered, it definitely is does not establish an attorney/client relationship.
He’s likely going to have to go to jail for some actual custody. It depends on many factors. Also his license is likely going to be suspended for over 1 year. Also, the DMV will suspend his license and refuse to give a restricted license if he gets 4 points within a 12 month period on his driving record, and each dui is 2 points. Driving on a suspended is also 2 points.
Your man needs to hire a licensed California DUI/DWI Attorney to represent him and help him out on an immediate basis...
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