Arrested for third DUI Huntington Beach Ca

[mindmltn]

California.
I was arrested 5 nights ago for DUI.
It is my third in 10 years.
I had gone to get food from a drive through across the street from my house.
The dining room was closed or I would have walked.
Anyways I got home and was there for 20 or 30 minutes and had a couple of shots with my neighbor and a beer celebrating his new baby and engagement.
I saw the helicopter shining its light on my house and I heard cops out front so I went out to see what was happening.
The grabbed me and said they has a report of a reckless driver and then smelled beer on my breath.
I told them I had gone to get food 30 minutes earlier but I had not drank until I got home and they never saw me behind the wheel or in my car.
I never admitted to drinking and driving because I hadn’t.
So does anyone think I have a case?
I am retaining a lawyer and I just want to know what anyone’s thoughts are.
Has anyone gotten off for similar circumstances or gotten the charges reduced in Orange County Ca?
Any insight or advice would be appreciated.
Thanks in Advance.
Joey

[FlyingRon]

You are definitely going to need a lawyer on this. Third offense DUI (while more lenient in California than many places) is still going to mean at least 120 days in the Graybar Hilton.

The "cop" doesn't need to see you drive. All they prosecution needs is evidence or a witness that you had driven. You had better hope your story as presented here is true (and I don't really care if it is or not). If there were any witnesses (like the servers at that restaurant) that can testify to your inebriated state (or perhaps even served you drinks), you'll still be in a heap of trouble.

[gabrieldorman]

You definately need to hire a criminal defense lawyer. Aside from any possible defenses to the case, you may also want to consider doing some damage control. A 3rd DUI in Orange County ...you are looking at a substantial amount of jail time, probably in the area of 9 months or so if convicted. You may want to consider getting into a residential treatment program ...it's always harder to put someone in jail if they are getting treatment ...a case can always be made that treatment is more appropriate then jail for someone on a 3rd DUI.

As for any defenses ...well, this is a much longer conversation and one that cannot be assessed on this forum.

In any case, just something to think about.

Hope this was helpful. Good luck.

Gabriel Dorman