What should I do if I just got my 3rd DUI in California?

What should I do ?? Normally, get ready to pack a toothbrush; CONVICTION of a 3rd DUI will likely involve jail time. However?.. The proper questions are, can any evidence obtained in a test, search or statement be used against you, can you be convicted, and what can you do? While this isn't a 'capital case', yes, it certainly carries potential jail, so handle it right. 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, programs, or other decent outcome through motions, plea bargain, or take it to trial if appropriate. Your attorney?s job is to make the DA prove his case. That means prove through ?admissible? evidence [testimony] that you were driving, and were under the influence at the time. The police did not see you do so, and have no way of testifying or proving you did. That leaves only your husband, or some other witness, to testify they saw you drive and know you were intoxicated. But, this sounds to me like a defensible case without enough proof. The police would not have arrested you without someone's complaint or witness statement. If the DA actually files charges, that means he thinks he can convict you. You'll learn the actual charge[s] filed and any enhancements, priors, or violations alleged, and get copies of all the police reports and prosecutors evidence and witness statements when appearing for arraignment at the first court hearing. I strongly suggest you hire an attorney to appear for you at that court hearing, as that will show the DA you intend to fight this. If serious about hiring counsel to help in this, feel free to contact me. I'll be happy to help fight and get the best outcome possible, using whatever defenses and sympathies there may be. It sounds like you actually have defenses, unlike most arrests for DUI.

This is a difficult case for the DA. The DA will have to prove that you were driving and that you were intoxicated while you drove. They will probably try to require your husband to testify that he saw you driving. Because nothing was a privileged communication they may be able to force him so he should have an attorney of his own . However, they will have to prove you blo od alcohol. If there is alcohol in the house, particularly if you had an open container in the house or a glass with alcohol by where you were sleeping, they may not be able to prove that you did not drink after the attempt to drive and that resulted in the high blood alcohol . They may not even charge you with dui.