QUESTION
How much potential jail time is expected for someone that is arrested for their 3rd DUI within 10 years while driving under suspended license?
Asked on Dec 14th, 2012 on DUI/DWI - Michigan
More details to this question:
How much potential jail time is expected for someone that is arrested for their 3rd DUI within 10 years while driving under suspended license and probation? The defendant just got out of jail 3 months before the 3rd DUI. Served 18 months on a 7 year sentence. Do they serve the remainder of those 7 years now?
5 ANSWERS
It totally depends on what county you are in. You need to consult a DUI specialist.
Answered on May 23rd, 2013 at 10:22 PM
Criminal Defense Attorney serving Alhambra, CA
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Francis John Cowhig
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They can have him do the remainder on the probation/parole violation. In addition, he now has another DUI which will more than likely be filed as a felony and could add additional jail time. If he has not done so already I strongly suggest that he contact an experienced criminal defense attorney for a face-to-face consultation and give him/her all of the facts surrounding his case. He/she would then be in a better position to analyze your his and advise him of his options.
Answered on Dec 18th, 2012 at 4:28 AM
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This person needs to talk with an attorney about all that is happening because there is a bit more information needed in order to give a complete answer here. The general answer to the question of range of time for a 3rd DUI within 7 years is 90 days up to 120 days. plus electronic home monitoring on top of that or it could be converted to a little more jail time. Again, he needs to get an attorney and have a consultation.
Answered on Dec 18th, 2012 at 4:28 AM
Michael J. Breczinski
Are they on parole?? If so in Michigan any prison time for a OWI 3rd would be served consecutively. If sent to jail then it is at the same time. there is a minimum sentence of 30 days on this charge in Michigan. He needs a good lawyer.
Answered on Dec 18th, 2012 at 4:28 AM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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If he is out on parole, he could go back, and 3rd DUI is a felony with a very significant possible sentence. He is in deep trouble.
Answered on Dec 17th, 2012 at 2:14 PM