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 (misdemeanor) DUI in California are as follows:
- 3 to 5 years’ probation
- 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 license suspension
- 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.