Q: 3 times drunk driver with in 18 months -- what is the sentence
A: The fact that you have been charged and the occurences have happened in such a short amount of time will likely alter your punishment (see below for San Diego County's sentencing guidelines). If you are convicted of this offense, the judge will want to swing hard as you are a danger to the public. He/she will likely sentence you to much more jail time, a live in rehabilitation facility, and/or a scram bracelet or interlock device. You are in real trouble and definitely need an attorney.
Assuming that there was no accident and the case was not charged as a felony, IN SAN DIEGO ONLY your sentence on a third offense should be roughly: Imposition of sentence suspended for 5 years (this is probation) during which time you may violate no laws or risk revocation of probation and will be charged $100 and face having to perform the other terms that were suspended. 120 Days of custody in county jail (mandatory) $2,674 fine including $100 Substance Abuse Assessment Unit fee, plus $100 Probation Revocation and Restitution Fee (suspended unless and until you violate probation) Standard Alcohol Conditions (SAC) (VC23600) (mandatory) 1. Not drive with any measurable amount of alcohol in blood; 2. Submit to any test at the request of a peace officer for detection of alcohol and drugs; 3. Violate no laws regarding driving a motor vehicles while under the influence or in the possession of alcohol or drugs; 4. Not drive without a valid license and proof of insurance. Multiple Conviction Program- Drug/Alcohol classes (mandatory) Driving under the influence victim impact panel (MADD) DMV will revoke license for 3 Years Surrender license (mandatory IF not previously surrendered to law enforcement or DMV) 1-90D vehicle impound (mandatory IF prior conviction was w/in 5 years) Designate as habitual offender for 3 years (VC23546(b)) (mandatory) Refer to SAAU (mandatory) VC 23593 advisal (mandatory)(if you drink and drive and someone dies you can - and likely will- be charged with murder. The Court will consider Ignition Interlock Device (max term 3 years).
Remember, these are the usual guidelines. You have aggravating circumstances, however, and the court and District Attorney will want you for some real time.
If you are in Riverside or Los Angeles or elsewhere in the state, your penalty may be considerably tougher.
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