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Is it possible to avoid jail time on a 4th DUI offense?

Bankruptcy and Debt 4 views 4 answers
My friend was convicted of his 4th DUI offense on 7/20/12. No one was ever in danger or injured on any of the offenses, which occurred over a 9 year period. He served 8 months for his 3rd last year. He has decided to quit drinking and go to daily AA meetings, and just moved into a zero tolerance sober living home today. He is looking into the Scrams program, but has not been ordered to wear one. He has spoken to multiple attorneys, and there is no way he can afford it, so he is stuck with a public defender. Is there any possibility, of so how, that he could serve his time in the sober living home and on the scrams program? All charges were in kern county ca

Attorney Answers

4
Maltaise Cini ·
Given that he has already been convicted it is always more difficult to obtain a sentence modification. Every time someone gets behind the wheel of a car with alcohol in their system they are endangering the lives of others. He is fortunate that no-one was ever injured. He should continue daily AA and have proof of his attendance. Your friend will probably benefit more from a sober living program than jail time. He wants to make sure there is never a 5th DUI. Having his sentence modified to being served in a sober living program is within the discretion of the judge and DA. Your friend needs to be prepared to retain the services of an attorney. The Public Defender can also make the same request. Your friend should be speaking with his attorney if he cannot afford to retain counsel.
0 upvotes
Mark Rosenfeld ·
It is not sounding good. Looks like the attonrey on the case did the best they could. It is likely too late to do anything. A good attorney may be able to do somehting but it is a may be able to and that MAY will come with a big price tag. Better to hire a good DUI attorney from the start. Sorry.
0 upvotes
Chris J FeaselCriminal Defense Attorney ·
A fourth DUI is a felony carrying a mandatory jail sentence. I don't know of many judges that would consider less than a year from the get go. Great that your friend found sober living but he's three duis too late.
0 upvotes

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