It really depends on where you were arrested. San Bernardino County can be tougher on third and fourth offense defendants. Did you get both of them in Victorville? You could be looking at 120 days all the way up to 1 year. The most important thing is to hire an attorney to see if you have any possible defenses. If not then do not plead to the third offense! Consult with an attorney to see if you might be able to work out a deal with the prosecutors. Usually a fourth offense can be filed as a felony, but because you have not been convicted of the third offense yet, it is not likely the DA's office will file it as a felony. In order to assist you more with any possible defenses, I would need more information, such as where your offenses occurred, etc... Good luck!
If there is a 3rd DUI conviction, the fourth could DUI could be filed as a felony (which is more serious than a misdemeanor). When was your second DUI? and are you still on probation for that? If so, that will potentially play a role in this. What courts are the 3rd and 4th DUI charges in? And if you are on probation for the 2nd offense still, what court was that conviction in? I would definitely advise having an attorney for both charges. Not only to help look for viable defenses, but there may be some creative deals that can be worked out for the two pending charges, and if there are going to be pleas for both, timing of those pleas is something that may come into play to help mitigate consequences. Feel free to contact me if you would like to discuss in further detail. There are a lot of variables here that need to be considered before your question can be more specifically assessed. For example, what was your BAC, were you in an accident, any other enhancement charges, etc.
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