QUESTION

My boyfriend who is 19 got his second DUI today; he received his first while he was 17. What can happen now?

Asked on Feb 06th, 2012 on DUI/DWI - California
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My boyfriend who is 19 got his second DUI today; he received his first while he was 17. What can happen now? This happened in California. What options does he have?
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6 ANSWERS

Workers Compensation Law Attorney serving Sacramento, CA at Ernest Krause Attorney at Law
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Was he treated as an adult for the first one. License suspension. Fines (about $2000). Requirement of going to DUI school. The sentence for the new one will be harsher per the judge and state law. BUT, he got the ticket today. He needs an attorney: the public defender if he is poor enough or a private attorney who knows how to do this. A really full-scale defense would cost a lot of money.
Answered on Feb 08th, 2012 at 10:31 AM

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Criminal Law Attorney serving Santa Ana, CA
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He will be facing a 2nd time DUI from the DMV but only a first-time DUI in court. He can have his license suspended for up to 2 years from the DMV but can shorten it to 90 days with an IID. He needs to fight the DMV side especially. He needs an experienced DUI attorney.
Answered on Feb 06th, 2012 at 3:55 PM

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Criminal Defense Attorney serving Newport Beach, CA at Law Offices of Anthony Sessa
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Begin to pack his bags. He is headed for jail unless he gets an attorney to help him.
Answered on Feb 06th, 2012 at 2:54 PM

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He has only 10 days to try and save his license.
Answered on Feb 06th, 2012 at 12:06 PM

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California Vehicle Code 23136 VC: California's Zero Tolerance Law A Civil Offense If you submit to a chemical test and your BAC is 0.01% or greater, you face an automatic one-year driver's license suspension, or A one-year delay of your driving privilege if you don?t yet have a California driver's license. If you refuse to submit to a chemical test, you face a one- to three-year suspension, depending on how many prior convictions you have under this California zero tolerance law. California Vehicle Code 23140 VC: Under 21 DUI with a BAC of 0.05% - 0.07% An Infraction If you're under 21 and drive with a BAC of 0.05% - 0.07%, you face a misdemeanor charge under California Vehicle Code section 23140 VC. Punishment and Sentencing for California Vehicle Code 23140 VCA first conviction carries a $100 penalty. A second conviction within a one-year period carries a $200 penalty, and A third conviction within one year carries a $300 penalty, lose your California driver's license for one-year, attend and complete a minimum three-month alcohol program before your license can be reinstated, and possibly be ordered to participate in a Youthful Drunk Driving Visitation Program. Participation in this program includes a visit to an E.R., the coroner's office, or a chemical dependency recovery center to observe Victims of DUI accidents, or People in the terminal stages of alcoholism or drug abuse. The judge will also order you to abstain from drinking any alcohol until you are 21, and from using any illegal drugs. California Vehicle Code 23152 VC: Driving Under the Influence A Misdemeanor Three to five years of informal probation, $390 to $1,000 in fines, Up to one year in a county jail, a mandatory court-approved alcohol class, and a six-month driver's license suspension. If you or a passenger who is also under 21 has alcohol in your car, you face an additional and separate misdemeanor conviction. The penalty for California possession of alcohol in a car includes: A one to thirty (1-30) day impound of your car, a minimum one-year license suspension, Up to six months in a county jail, and/or Up to $1,000 in fines.
Answered on Feb 06th, 2012 at 10:21 AM

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Criminal Trial Attorney serving San Jose, CA at Law Office of Thomas F. Mueller
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If he is convicted he will lose his license for three years. He will, however, be considered a first offender in criminal court and receive a standard sentence unless there are other aggravating circumstances like a high blood alcohol or an injury accident.
Answered on Feb 06th, 2012 at 10:18 AM

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