I have a 3rd dui, and my daughter was in the car(felnoly charge). I also had a high BAC. We have had our first offer... 6 months in jail, rehab, 52 weeks parenting class, 18 months dui class, 3 years formal probation, and finally, after 3 years, felony can be reduced to mistamener. Can I have rehab count as jail time? Can I do work furlough? I work at a winery in a very high position... It's sonoma county. I would like to not loss my job and home.... Any ideas on avoiding the 6 months(3 actually served)?
These are all excellent questions that you need to discuss with YOUR LAWYER. You probably cannot avoid the three actual months in custody. Sounds like part of the deal.
San Diego Criminal Defense Attorney--Former Prosecutor--20 years experience.
How many times are you going to ask the same question?
Since you're changed with a felony, you should already have an attorney. He or she has far more information about your case and is in a better position to answer your questions than a stranger on the internet.
If you're trying to represent yourself in a felony case, you're only compounding your foolish decision to get behind the wheel with a few drinks in your system, your child in the car, and two prior DUI convictions on your record.
I do not accept telephone calls regarding my posts on Avvo. If you need more information, please use the "comments" button or post another question. This is a general discussion of legal principles by a California lawyer and does not create an attorney/client relationship.
Mr. Finnecy and Mr. Marshall are both correct. I have answered this question twice and my opinion has not changed. Please read my previous responses as well as those of Mr. Finnecy and Mr. Marshall. Seek your attorneys opinion and counsel. He or she are in the best position to address these issues. Good luck. Hope our answers prove helpful?
With the help of a skilled DUI attorney you may be able to avoid this much or all of the jail time with a strictly structured rehab plan like the 30/30 program which is designed for repeat offenders like you. It's also possible that you could do a live-in program, convincing the judge to give you credits... This is however, as my colleagues have stated, something that needs local, professional attention.
Anything involving alternative sentencing must be negotiated prior to a plea with the prosecutor or the Judge. Certainly bringing documentation of a residential treatment program might increase the chances of such a deal.. Typically though 3rd time DUI cases have a minimum 120 days jail. Also, typically the child abuse charge is field as a misdemeanor unless injury occurred. I would focus on that.
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