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What happens on 4th dui?

Sacramento, CA |

Well i was arrested for being in the passanger seat in 2001 for a dui and got another one 2 weeks later. When i went to court the officers went and questioned the guy who was driving and he told them he was driving. So end result of that was i had 2 dui both tried as a first offense. In 2008 i recieved a 3rd dui by a cop who was dating my ex girlfriend and was sentenced for 1 year jail time. Well i just got another one and know at this point i have a problem. What more than likely will happen with this dui in california? Could i approach the court in hopes of not recieving jail time and take a treatment program?

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Attorney answers 3


A fourth DUI within 10 years is a felony. Given that you got a year in county jail last time, they are more than likely looking to send you to state prison for at least the minimum sentence of 16 months.

Given the serious nature of the offense you face, I would strongly encourage you NOT to try and represent yourself and "approach the court" to try and negotiate this. Find a good criminal defense attorney in your area and discuss your options ASAP. There may be things you can do to better position yourself for when you must appear in court.

An attorney can also try to defend this case - whether it's trying to beat the DUI or attacking the validity of the prior convictions, trying to keep this from being a felony conviction.


I agree with Attorney Dane's response and would add that a treatment program might be a good idea, but please talk to a good DUI attorney first to set it up correctly and possibly get you credit for any time you do in it towards any jail or prison sentence.

Although I take cases in your area occasionally, there is an attorney on Avvo, John Campanella 916-209-6721 who is in Sacramento.

Good luck with your situation.

Matthew Williamson


If you cannot afford an attorney, you may qualify for the Public Defender. You need an attorney to help you - many people a are addicted to alcohol that are charged with a 4th DUI. Treating your addiction is a good step forward.