QUESTION
Am I going to do jail time for my second DUI arrest?
Asked on Dec 19th, 2012 on DUI/DWI - Washington
More details to this question:
When I was in college, I got a DUI after blowing a .09 (not that it matters). Well, over the weekend, I was pulled over for failing to come to a complete stop at a stop sign near my home. The officer said that he smelled alcohol and had me conduct the field sobriety tests. Even though I performed the tasks just fine, I blew a .10 and got arrested. Am I going to have to serve jail time because this is my second DUI?
11 ANSWERS
Appellate Attorney serving Grosse Pointe Farms, MI
at
Musilli Brennan Associates, PLLC
Update Your Profile
Impossible to tell from the facts presented. You are in deep trouble and need an attorney.
Answered on Jun 12th, 2013 at 12:20 AM
Steven D. Dunnings
There's a good chance.
Answered on Jun 12th, 2013 at 12:18 AM
Michael J. Breczinski
That depends on the judge but there is a good chance of jail since you did not learn form the first conviction.
Answered on Dec 21st, 2012 at 3:17 AM
John J. Carney
You should retain a good DWI lawyer to handle the case. Call my office for a referral since you are facing a possible jail sentence on a second offense. You might have to install an ignition interlock device and may lose your license for a year and pay substantial fines. You will also have a criminal record unless you get a DWAI reduction.
Answered on Dec 21st, 2012 at 1:39 AM
Bankruptcy Attorney serving Madison, WI
at
Richard B. Jacobson & Associates, LLC
Update Your Profile
Not because of being arrested, but if you are convicted of a second OWI (=DUI), there is a minimum jail sentence of 5 days. With a .1% BAC, you would probably have a somewhat longer sentence, and there are additional penalties. But first you should consult with an experienced OWI lawyer. You might have a viable defense, or a basis for challenging the BAC measurement.
Answered on Dec 21st, 2012 at 1:33 AM
Automobile Attorney serving East Lansing, MI
at
Nichols Law Firm PLLC
Update Your Profile
Many judges impose jail for a 2nd offense DUI .
Answered on Dec 20th, 2012 at 1:45 PM
If convicted, then yes, a 2nd DUI has mandatory jail. Which is why you should hire a DUI specialist, so you don't have to plead to a second DUI. You better find a lawyer soon, because you have only 10 days to save your license from a very long suspension.
Answered on Dec 20th, 2012 at 1:44 PM
Family Law Attorney serving West Bloomfield, MI
at
Law Offices of Eugene Lumberg and Eric S. Lumberg
Update Your Profile
This depends on several factors to be discussed when you talk to an attorney. All options will be discussed and considered.
Answered on Dec 20th, 2012 at 7:50 AM
1 Award
In Utah, you usually are sentenced to 10 days in jail for a 2nd DUI.
Answered on Dec 20th, 2012 at 7:45 AM
Criminal Defense Attorney serving Alhambra, CA
at
Francis John Cowhig
Update Your Profile
Possibly, depending on the judge, the jurisdiction and when your last DUI was. A second time DUI has a potential jail sentence of 120 days to 1 year. I suggest that you contact an experienced criminal defense attorney for a face-to-face consultation and give him/her all of the facts surrounding your situation. He/she would then be in a better position to analyze your case and advise you of your options.
Answered on Dec 20th, 2012 at 7:42 AM
3 Awards
In the State of WA you are looking at a minimum of 30 days in jail plus 60 days of electronic home monitoring that you have to pay for OR it can be converted to an extra 4 day in jail so a total of 34 days in jail potential (minimum) on the 2nd offense DUI under a .15 BAC level. You need an experienced attorney.
Answered on Dec 20th, 2012 at 7:34 AM