It's up to the prosecutor, not the cop as to what you'll be charged with and it will depend on the facts in the case.
Sorry asker, no attorney can provide you with more info.
As an infraction, there's no jail time. Get your license back ASAP.
SCRAM = Secure, Continuance, Remote, ALCOHOL, Monitoring.
Yes, it can detect alcohol. Alcohol from Friday, not likely. However, if the judge gave you a scram device and right before you get it installed, you get wasted, maybe you have a huge problem and MAYBE YOU NEED TREATMENT.
I'm serious.
Call DMV to find out why your license is suspended and what you need to do to get it reinstated. Other than that, I can't tell you an answer because I don't know why you license is suspended.
A detective has no authority to promise you no jail or prison time. Stop talking with the cops and lawyer up.
You can always ask but considering you were looking at jail, you should think 10 months of house arrest as a blessing. I don't see a judge reducing this.
Call DMV for how to get your license reinstated now. You'll likely be prosecuted for this.. and asker, it's absolutely impossible for your BAC to rise to a .15% BAC in the 45 minutes after you arrived home so I'd come up with a better excuse. The highest rise of BAC orally ingested the body allows for a .02% per hour increase. Maybe if you tell the cops you injected the alcohol directly into your blood stream....
A third offense DUI is a very serious offense in CA. Not only are you looking at a statutory minimum of days jail, on a 3rd DUI in CA, you could be facing up to a 3 year revocation of your driver's license.
However, all hope of staying out of jail is not lost. Many of these cases, especially out of the Fresno area, can be negotiated for zero jail time. In fact, I once had a very serious 4th offense Felony DUI out of Fresno that resolved for no jail time.
To learn more about how to stay out of jail on a 3rd offense DUI in California or more about the consequences of your third DUI offense, review my legal guides on my avvo profile.
Finally, time is of the essence. Speak to a 3rd DUI attorney immediately.