Were you recently arrested for your
third DUI in Orange County? If so, you surely want to know what types of penalties
you are up against if you are found guilty. The consequences of a 3rd
DUI in California are as follows:
3 to 5 years’
- Between 120 days and 1 year in county jail (a jail alternative may be available)
- Approximately $2,800 in fines
Up to a 3-year driver’s
- DUI School for 18 months
- Possible MADD and morgue program
- Community labor
- You may have to go to rehab
Can a Third DUI Get Dismissed?
The process of getting a third DUI dismissed is much like getting a first
DUI dismissed. There can be a legal flaw in the case that gets the DUI
dismissed, or you can go to trial and be found not guilty by a jury. To
know your chances of getting your third DUI dismissed, we invite you to
speak to Attorney Landry, who has
extensive experience handling
multiple DUI offenses.
Is There Any Hope of Staying Out of Jail?
Many criminal defense lawyers will say that there is absolutely no way
to stay out of jail on a 3rd DUI offense; however, this is not necessarily
the case. Under Penal Code Section 2900 (a)(f), judges have the discretion
to allow alternative sentencing on a third DUI offense.
In the 3rd DUI scenario, a jail alternative is deemed “custody”
by the court, and the availability of any such alternatives varies from
county to county, and from court room to court room. In Orange County,
third DUI defendants are usually offered between 240 and 365 days in county jail.
For third-time DUI offenders in OC, some defendants
may be eligible for
alternative sentencing if they are: an OC resident, a U.S. citizen, and have
no convictions for violent crimes on their record. Some judges will allow house arrest
for a third DUI offense, or house arrest combined with residential treatment;
it just depends.
To make any such an offer on a third DUI, you’re going to need an
experienced Orange County DUI lawyer such as Virginia L. Landry.
Call our office today to schedule your
free case evaluation!