Violation of Probation with a record of 3 DUI's. What might happen? What can we do?

Although I am a Florida criminal defense attorney and they're are differences within our respective state statutes as they concern DUI's, I can assure you that much will be made by either the court or State's Attorney regarding your husband driving. Depending on the past DUIs' conviction dates and sentences, I am guessing that your husband's DL has been suspended for at least 5years, if not more. If he is eligible to get his DL back, he needs to pay whatever outstanding fines, court costs, or complete any sanctions (DUI school) that will allow him to get a valid license. This will not "undo" the crime of driving while license suspended but it will greatly mitigate it to the state and more importantly, the Jugde. Running for diapers is not a legally recognize defense of necessity but again it may provide enough mitigation where the state/court would be amicable towards a non-incarcerated sentenced. Your best option would be to contact a local attorney in your area. Ensure it is one who solely deals with criminal defense and driving cases and who frequents those respective courts often and has a god rapport with the State and Judge.

Driving while your license is suspended for a prior DUI is never a good idea. It gets worse when you are on probation for a 3rd DUI. The good news is he was not drinking and did not have alcohol in his system at the time. The mandatory minimum for this offense is 10 days in jail, substantial fees and fines, as well as installing an interlock ignition device in any vehicle he owns or operates. There is the possibility to have the charge changed to avoid the 10 days jail. This will depend upon the attorney you hire, DA to agree to it, and the judge that will decide on the probation violation. In any event you need an attorney to assist you. Robert Driessen

Driving on a revoked, suspended or restricted license will put him in line for a misdemeanor conviction. He has also violated the terms of his probation on his 3rd DUI and faces up to one year in jail for that. You need to contact a competent DUI attorney in San Diego. I recommend Mary Prevost of this list who takes other cases as well.

I do not understand the response that says your husband will only face 10 days in jail. That is the statutory minimum for driving on revoked suspended or restricted license under VC 14601.2. The maximum is six months. Mr. Driessen does not address the VOP which will make your husband liable for the maximum sentence for a 3rd DUI. He may not get all that time but neither you nor he should go to court assuming he has committed a 10 day offense.

Your husband would be well advised to consult an attorney in your area who is familiar with the Vehicle Code and local courts and customs. You have not stated whether he has prior "driving on a suspended license" convictions, which can increase the penalties for this offense. You also didn't say whether he is on active probation for any of the prior DUIs. If he hasn't had an attorney before, now is the time. Prior convictions can make the situation worse, as will being on probation for any of the prior DUIs -- or any other case. The straight penalty for a 14601.2 violation is up to six months in jail for the current Vehicle Code violation AND any additional penalties the court wishes to impose for violating probation (up to a year minus any time he already served). You didn't say when your husband received his DUIs, but DUI probation typically lasts 3-5 years. Four DUIs within 10 years can lead to felony charges. DUI probation includes an agreement to drive only with a valid license and insurance. In a worst-case scenario, your husband may have violated probation in multiple cases for which he was granted probation. This situation may well be more complicated than you now realize. If you haven't consulted with any attorneys, you should do so before court. It would be helpful to your prospective attorney if you bring a DMV driving record printout, which shows any convictions and offenses on his driving record. Be sure to talk about the potential consequences down the road: with this many DUIs and continuing to drive without a license, your family is at risk. Get formal advice from an experienced practitioner: An attorney may be able to help negotiate a lesser charge, but advice (if you follow it) can lessen the sting now and in the future.

Your husband definitely needs to hire an attorney. He will be facing a charge of driving while license is suspended, which is a misdemeanor in Michigan where I practice. He will also likely be charged with violating the terms of his probation. Even a substantial reduction to the DWLS charge by the prosecutor will not mean that the judge will let him off easy for violating his probation.

A lot will depend whether he was still on probation for DUI # 3 and whether his license was suspended because of a DUI or not. He should make sure to stop driving on a suspended license and consult with an experienced attorney who has a good reputation with the City Attorney's Office (if downtown SD) or the District Attorney's Office (if in any of the branch courthouses). Good Luck!