QUESTION
What can happen to my Dad if got his 3rd DUI if the first was 32 years ago and the second was 11 years ago?
Asked on Aug 12th, 2013 on DUI/DWI - California
5 ANSWERS
Criminal Defense Attorney serving Alhambra, CA
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Francis John Cowhig
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If your father's last DUI was more than 10 years ago, his present DUI will be deemed to be his 1st.
Answered on Aug 20th, 2013 at 10:00 PM
Bankruptcy Attorney serving Florissant, MO
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Law Offices of Thomas Corcoran Phipps
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He may get a suspended imposition of sentence and probation. He will have to complete a substance abuse traffic offender's program.
Answered on Aug 20th, 2013 at 10:00 PM
Then it is not a third at all, but a first. He needs to hire a DUI specialist nevertheless, and do it soon because he has only 10 days to save his license.
Answered on Aug 20th, 2013 at 10:00 PM
Criminal Defense Attorney serving Oakland, CA
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Kapsack & Bair, LLP
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He can be charged with a first offense if he lives in California. The Judge and/or prosecutor may try to make more of the prior convictions but they cannot be alleged in the charging document (complaint) and will not trigger any mandatory sentencing enhancements. A DUI defense attorney may be able to help him from being convicted at all.
Answered on Aug 20th, 2013 at 10:00 PM
Criminal Law Attorney serving Los Angeles, CA
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Law Office of Edward J. Blum
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In California he will be charged as though it was his first DUI. In Los Angeles he would generally be facing a fine + penalty assessments, probation and 3 month alcohol school. A DUI is priorable (that is adds to the punishment for subsequent DUIs) for 10 years.
Answered on Aug 20th, 2013 at 10:00 PM