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What type of punishment am I looking at?

Oceanside, CA |

I was on probation for a DUI in 2009 and child endangerment. I relapsed this pass weekend on alcohol and got another DUI. I was only charged with DUI. This will be my third. My court date is 6 weeks away, I may lose my job a result of this, is it possible for the judge to order house arrest instead of jail sentence as I have children? Also, what is the punishment, the rest of it looking like? I am worried about everything.

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Attorney answers 8


You need to get yourself into rehab. Depending on your health insurance they might cover part of it. If you can't make that work then you need to start going to AA. The penalties for a third vary greatly. A third DUI is a big deal - its when the courts really start trying to send a message. Courts can order some of the time to be spent on an ankle bracelet but they're not always willing to do so - different counties have their own usual practices so you'd have to check with a lawyer who is familiar with the county in which you live.

You are looking at a lot of money in fines and fees. You really need to consider hiring a lawyer to help you with this case.

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A third time DUI conviction carries a mandatory minimum of 120 days of jail, plus you have a probation violation to deal with. There are ways to avoid jail and get alternative types of punishment such as work furlough, residential treatment or possibly house arrest (although house arrest is very rare in San Diego county). You should consult with experienced DUI lawyers and strongly consider retaining one to handle your case. Many lawyers offer free consultations. Feel free to contact me If you would like any additional information.

David M. Boertje, Esq.
1808 Aston Ave., Suite 240
Carlsbad, CA 92008
(760) 476-0901

*Please note that this is not legal advice and in no way formed an attorney-client relationship*


Before you start focusing and pleading guilty, you need to (1) Request a DMV hearing and (2) Hire an attorney for multiple reasons. An attorney will be in a better position to get the charged reduced or dismissed if that is possible and argue for a lighter sentence .

Minimum on the new case is 120 days jail, alternatives may be available. Your probation cases can only increase that number. You need to lawyer up fast.

The above information does not establish an attorney client relationship nor is it meant to provide legal advice.


I recommend contacting and retaining a lawyer qualified to handle complicated DUI cases. A 3rd DUI within 10 years requires a mandatory minimum 120 days in jail. The court can also impose additional custody depending on whether there was an accident, high blood alcohol level, and the probation violation for the 2009 DUI. It depends on the judge whether or not the court wll consider house arrest. Most judges in SD county do not typically allow house arrest but will consider alternatives to custody such as work furlough and rehab. I also recommend voluntarily enrolling in the SCRAM program as a good faith gesture to the court to confirm that you are abstaining from the use of alcohol. The court could raise your bail at arraignment and put you back into custody until you can pay the higher bail. Wearing a SCRAM bracelet may help convince the court to allow you to remain out of custody without posting higher bail and may help reduce your final sentence if you are convicted. The court fines in SD range around $2500 and the court will order the Multiple Conviction Program. Given your employment and family situation, I recommend enrolling in rehab or therapy immediately. You want to be as proactive as possible. There is a lot that can be accomplished between now and your court date in 6 weeks. I recommend contacting an attorney as soon as possible to starting take the right steps, developing your defense strategy for the case, scheduling your DMV hearing to stay the license suspension, and working on your mitigation packet for the court. The DMV hearing must be scheduled within 10 days of your arrest. More than happy to answer any questions you have.


Request a DMV hearing this week to preserve your license for the interim and hire the best criminal defense attorney you can afford. Particular focus should be on mitigation strategies given your 2 priors and current probation violation. ...assuming your current case does not have any legal issues.

Law Offices of David Shapiro 3555 4th Avenue San Diego, CA 92103 (619) 295-3555


120 days is the typical minimum for 3rd time DUI, but there is the 30-30 program in some counties, where the minimum would be 30 days for agreement to do a 30 month program. But don't believe merely because you have two priors that this case can't be won; let's not always start the conversation with what punishment exists - start with a plan to fight the charges, if you can, and many, many more DUIs are fightable than are fought, for whatever inexplicable reason. You need to retain good DUI counsel fast, and there are several in your area. And make sure you make your phone call to DMV to get that ball rolling: you only have 10 days from the arrest [down from the original 30 because too many people were demanding hearings!].


Fight the case. If you lose, request an alternative to custody such as work furlough, residential rehab, or ankle monitor (ESP in San Diego).


You are looking at a violation of probation on the 2009 case if you are still on probation and a mandatory minimum of 120 days on the new case in addition to the multiple offender program and the fines. You want to request the DMV hearing ASAP. Was bail set on this case case? If not you should be prepared to have bond set when you go to court.

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