The Los Angeles DUI Law Blog

Bobby Brown's Third DUI Implicates the 'Ten Year Rule'

This week, Bobby Brown was once again arrested for driving under the influence. According to TMZ, Brown was pulled over at approximately 1:00 a.m. Wednesday after he was observed driving erratically on a Los Angeles street. He reportedly failed a field sobriety test and was taken into custody.

Assuming his blood alcohol test comes back positive, that’s two DUI arrests this year and three in his lifetime. Back in March, he was arrested for driving under the influence and later agreed to a plea bargain that avoided additional jail time. He later checked into rehab, reportedly for alcohol issues.

Ordinarily, a third DUI charge would mean severe potential punishment, including a minimum of 120 days in jail, plus fines and a license suspension. Fortunately for Brown, the ten year limitation applies. In order for a DUI conviction to be "priorable", it has to occur within ten years. That means his first DUI would not affect his present charges.

However, that doesn't mean he'll get off easy. He was sentenced to probation as part of his original plea bargain. That could very well be revoked and result in either jail time, community service, or some other form of punishment. In addition second time offenders face a minimum of 90 days in jail, plus fines and suspension.

Though the statute calls for a minimum of 90 days, it's likely he'll actually serve less. Between good behavior credits and alternative punishments, we'd be surprised to see him serve much more than a few days. After all, look at how many times LiLo screwed up while still managing to dodge most of the "minimum" sentence required by law.

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