QUESTION

Can I possibly somehow avoid doing jail time on a third offense DUI?

Asked on Aug 24th, 2012 on DUI/DWI - Utah
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25 ANSWERS

DUI & DWI Attorney serving Reno, NV at Weo Office Suites, LLC
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In the State of Nevada, a third offense DUI within a seven year period is a felony with a penalty from 1 year to 3 years State Prison. In 2007 however, the legislature passed a law allowing such offenders who enter a guilty plea to apply for a sentencing diversion which entails completion of a 3 year alcohol counseling program, 6 months house arrest, and installation of an interlock device for a period of 1 year. Upon successful completion, a person would be sentenced to a second DUI misdemeanor offense. If the person is convicted of a fourth DUI at any time in their lifetime, it would be considered a second felony DUI which is punishable by a minimum 2 years to a maximum 15 years in State Prison.
Answered on Sep 05th, 2012 at 11:13 PM

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Dennis P. Mikko
It not likely on a third offense that you will avoid jail.
Answered on Sep 03rd, 2012 at 12:18 PM

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Leonard A. Kaanta
Yes, it is possible.
Answered on Aug 29th, 2012 at 2:32 PM

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Michael J. Breczinski
No it carries AT LEAST 30 days and you can go to prison for several years.
Answered on Aug 29th, 2012 at 1:58 PM

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This question has a lot of variables. Typically a third offense in MI has a mandatory minimum of 30 days in jail. However there may be ways around this depending on your record/incident and circumstance.
Answered on Aug 29th, 2012 at 12:42 PM

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There is a minimum of 120 days in jail. Unless you can get ordered to a live in program as a condition of bail there is no way to get around the code section.
Answered on Aug 27th, 2012 at 7:57 PM

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Wrongful Termination Attorney serving Huntington Beach, CA at Nelson & Lawless
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CAN you? Sure. WILL you? That depends on your attorney getting a plea bargain from the DA and court on those terms. Third offense is supposed to carry mandatory jail, among other penalties. The honest answer is that no attorney can predict the outcome, nor even give an intelligent opinion, without reviewing and knowing all the charges, evidence, BA, police reports, expected testimony, priors history, etc. When charged with any crime, the proper questions are, can any evidence obtained in a test, search or confession be used against you, can you be convicted, and what can you do? Raise all appropriate defenses with whatever witnesses, evidence and sympathies are available for legal arguments, for evidence suppression or other motions, or for trial. Effective plea-bargaining, using those defenses, could possibly reduce the potential time and other penalties you face. If you don't know how to represent yourself effectively against an experienced prosecutor intending to convict, then hire an attorney who does, who will try to get a dismissal, charge reduction, diversion, program, or other decent outcome through plea bargain, or take it to trial if appropriate.
Answered on Aug 27th, 2012 at 7:53 PM

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The quick and easy answer is: probably not. But, you need the guidance of a criminal lawyer because this is now your third offense for DUI.
Answered on Aug 27th, 2012 at 3:44 PM

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Some counties have DUI court, where diversion is an option. But in most counties the answer is no, you WILL be doing some jail time if you are convicted of a DUI. Try calling a DUI specialist to see what can be done about the DUI. If it gets even a slight reduction, then jail is not mandatory.
Answered on Aug 27th, 2012 at 2:39 PM

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Appellate Practice Attorney serving Bloomfield Hills, MI at Law Office of William L. Spern
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No. MI statute requires a minimum one year jail sentence following a DUI 3rd conviction.
Answered on Aug 27th, 2012 at 2:39 PM

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Gary Moore
Only by being found not guilty.
Answered on Aug 27th, 2012 at 2:39 PM

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DWI Defense Attorney serving St. Louis, MO
Partner at JCS Law
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You will not do jail time on a third offense DWI if you win the criminal trial. The state has to meet a very high standard of proof before they can lock a person up. Errors in police procedure may invalidate evidence and give you a chance you have not considered.
Answered on Aug 27th, 2012 at 12:20 PM

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Criminal Law Attorney serving Worcester, MA at Gregory Casale, Attorney at Law
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It is very difficult to avoid jail on a 3rd offense. If you are convicted or plea to the 3rd offense, the statute REQUIRES jail time. Unless you are acquitted or your lawyer can negotiate a plea to a lesser charge, you will have to do some jail time.
Answered on Aug 27th, 2012 at 12:20 PM

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Bankruptcy Attorney serving Federal Way, WA at Freeborn Law Offices P.S.
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NO. With a third conviction you are looking at a minimum of 120 days mandatory.
Answered on Aug 27th, 2012 at 12:20 PM

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DUI Attorney serving Albuquerque, NM
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Possibly; if you hire an experienced DWI/DUI attorney practicing in the state where you were arrested for the respective DWI/DUI. In New Mexico, a person convicted of a DWI-3rd offense faces a minimum mandatory 30 days in jail if found guilty. For an aggravated DWI-3rd offense, the minimum mandatory jail time is an additional consecutive 60 days. NMSA 66-8-102(F)(2) states, "[.] in addition [.] when an offender commits aggravated driving under the influence of intoxicating liquor or drugs, the offender shall be sentenced to a jail term of not less than sixty consecutive days."
Answered on Aug 27th, 2012 at 12:19 PM

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Criminal Law Attorney serving San Diego, CA
Yes, Possibly, if you can do some sort of diversion program.
Answered on Aug 27th, 2012 at 12:19 PM

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Criminal Law Attorney serving Boulder, CO
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go to trial and win
Answered on Aug 27th, 2012 at 12:18 PM

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Criminal Defense Attorney serving Salt Lake City, UT at Pietryga Law Office
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Only if you do not get convicted. 3rd offense is a minimum of 62.5 days in jail. However, you can be sentenced as follows: *3rd DUI or qualifying offense within 10 years* The Utah Driver License Division and the Utah Courts will impose sanctions on a person for being arrested and convicted of driving under the influence. The Utah Driver License Division may impose sanctions based on the person?s arrest. Additionally, the Utah Driver License Division will impose sanctions upon conviction. If convicted, Utah Courts will order mandatory sanctions. Additionally, there are a number of sanctions the Utah Court may order. Listed below, are the sanctions the Utah Driver License Division and Utah Courts will impose. *Crime:* 3rd Degree Felony driving under the influence of alcohol, drugs, or a combination of both or with specified or unsafe blood alcohol concentration. *(See, Utah Code Ann. 41-6a-503(2))* * * *Imprisonment: *Utah Courts may impose a prison sentence for up to 5 years, but not less than 62.5 consecutive days. However, the Utah Courts may suspend the execution of the prison term and place the person on supervised probation. The Utah Courts may require participation in home confinement through the use of electronic monitoring. Additionally, the probation or parole may not be terminated. *(See, Utah Code Ann. **?**76-3-203(3), Utah Code Ann. **?**41-6a-505(3), Utah Code Ann, **?**41-6a-505(3)(a)(ii), Utah Code Ann. **?**41-6a-505(3)(b) and Utah Code Ann. **?41-6a-505(4)(b))* * * *Fine: *If the Utah Courts suspend the execution of the prison sentence the Utah Courts must order a fine of up to $5,000.00, but not less than $1,500.00. *(See, Utah Code Ann. **?**41-6a-505(3)(a)(i) and Utah Code Ann. **?**76-3-301(1)(b)) * * * *DNA Specimen Analysis: *The Utah Courts must order the convicted person to provide a DNA specimen. *(Utah Code Ann. **?**53-10-403(2))* *Treatment: *If the Utah Courts suspend the execution of the prison sentence the Utah Courts must order participation in a screening and an assessment. The Utah Courts must order substance abuse treatment at a substance abuse treatment program providing intensive inpatient treatment and long-term closely supervised follow-through after treatment for not less than 10 days. *(See, Utah Code Ann. **?**41-6a-505(3)(a)(iv))* * * *Probation: *If the Utah Courts suspend the execution of the prison sentence the Utah Courts must order supervised probation for the person. *(See, Utah Code Ann. **?**41-6a-505(3)(a)(iii))* *Education: *If the Utah Courts suspend the execution of the prison sentence the Utah Courts must order participation in an educational series. *(See, Utah Code Ann. **?**41-6a-505(4)(a))* * * *Driver License Suspension: *The Utah Driver License Division and/or the Utah Courts will revoke the person?s license or permit to operate a motor vehicle. *Utah Driver License Division*:* *If no request for a hearing is made to the Utah Driver License Division, the Utah Driver License Division will revoke the person?s license or permit to operate a motor vehicle in Utah for 2 years beginning on the 30th day after the date of arrest. *(See, Utah Code Ann. **?**41-6a-509(1)(a)(B), Utah Code Ann. **?**41-6a-509(1)(a)(B)(I), Utah Code Ann. **?**41-6a-509(1)(a)(B)(II), Utah Code Ann. **?**53-3-223(7)(a) and Utah Code Ann. **?**53-3-223(7)(a)(i) and Utah Code Ann. **?** 53-3-223(7)(a)(i)(B))* * *If, after a hearing, the Utah Driver License Division determines that the police officer had reasonable grounds to believe that the person was driving a motor vehicle in violation of Utah Code 41-6a-502, the Utah Driver License Division will revoke the person?s license or permit to operate a motor vehicle in Utah for 2 years beginning on the 30th day after the date of arrest.* (See, Utah Code Ann. **?**41-6a-509(1)(a)(B), Utah Code Ann. **?**41-6a-509(1)(a)(B)(I), Utah Code Ann. **?**41-6a-509(1)(a)(B)(II), Utah Code Ann. **
Answered on Aug 27th, 2012 at 12:17 PM

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Chapter 7 Bankruptcy Attorney serving Clinton, MS at Timothy Kevin Byrne Attorney at Law
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Yes through a house arrest program
Answered on Aug 27th, 2012 at 12:17 PM

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Criminal Defense Attorney serving Birmingham, AL at The Harris Firm, LLC
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Alabama law requires a minimum of 60 days in jail for the 3rd DUI conviction in 5 years. This is mandatory, not judge's discretion. Get a lawyer.
Answered on Aug 27th, 2012 at 11:17 AM

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Criminal Law Attorney serving Auburn, CA
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If convicted of the DUI and the priors are found true, then even with a grant of probation, the court must impose at least a 120 day term. That being said, there is no legal requirement that the term be served in custody. The court can stay the sentence pending successful completion of probation, grant credit for residential treatment, or authorize other forms of alternative sentencing. The options will vary by county, judge, and case. I urge you to consult with an experienced local criminal law specialist.
Answered on Aug 27th, 2012 at 11:17 AM

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In Utah, if convicted of a third DUI within a 10 year period, it becomes a third degree felony with a maximum possible penalty of 0-5 years in the Utah State Prison, and carries a MANDATORY minimum sentence of 62 and a half days in jail. The only way to avoid the 62.5 days is to not be convicted.
Answered on Aug 27th, 2012 at 11:17 AM

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Immigration Attorney serving Salt Lake City, UT
Partner at Natty Shafer Law
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A third DUI in Utah is a felony offense so it would be difficult to avoid jail entirely, if convicted. There may be arguments for suppression, though, so hire a talented attorney to maximize your chances of avoiding a third DUI.
Answered on Aug 27th, 2012 at 11:16 AM

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Child Custody Attorney serving Malvern, AR at Law Office of Gregory Crain
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If found innocent.
Answered on Aug 27th, 2012 at 11:15 AM

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Highly doubtful. The only way is to get the prosecutor to agree to let you do drug court. A third DUI has a mandatory minimum amount of jail.
Answered on Aug 27th, 2012 at 10:40 AM

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