QUESTION
What kind of charges will I receive and what should I do on my second DUI?
Asked on Jan 20th, 2014 on DUI/DWI - California
More details to this question:
I got my first DUI in August 2012 and second one in January 2014 in CA. For the second one, I was pulled over for speeding over 90mph on highway but convicted DUI.
8 ANSWERS
Criminal Defense Attorney serving Long Beach, CA
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Michael Cernyar
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A second DUI typically involves jail time of at least 10 days although the law says no less than 90 days. In addition there's a fine of at least $390, which ends up close to several thousand dollars. Moreover, the license is suspended for two years with a restricted license available after 90 days if it's alcohol related. My recommendation is to contact an attorney for a free consultation to discuss further. I wish you the best.
Answered on Jan 23rd, 2014 at 1:48 PM
Domestic Violence Attorney serving Truckee, CA
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Alison Bermant, Attorney at Law
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A second offense DUI carries a minimum mandatory 96 hours in custody and a maximum punishment of one year in jail, a two year driver's license suspension (which can be reinstated after 90 days with an Ignition Interlock Device installed in your vehicle), an order to attend the 18-month long DUI class, and a fine that varies depending on what county you are prosecuted in. Other factors to consider are potential additional punishments that can be imposed if you're still on probation in the 2012 case and if it's in the same or different counties. This usually is a good time to take a look at your relationship with alcohol so at a minimum engaging in AA meetings or even checking into residential alcohol treatment programs can help you with your case in court.
Answered on Jan 23rd, 2014 at 1:47 PM
Criminal Law Attorney serving Fremont, CA
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Steven J. Alpers, A Professional Corporation
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You are looking at the minimum of 10 days or more in jail, an 18 month alcohol program, a 2 year long license suspension, which can be shortened to a license restriction after one year of the alcohol program; a fine slightly higher than 2 years ago. The same conditions of probation as last time. Those are the minimums and you may face more depending on the DA, the Judge and your lawyer.
Answered on Jan 23rd, 2014 at 1:46 PM
2nd DUI equals Statutory penalties. License revoked for 1 year. DUI classes. There is a way to get it back. Jail time.
Answered on Jan 22nd, 2014 at 9:36 PM
Personal Injury Attorney serving San Diego, CA
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Ozols Law Firm | Accident & Injury Attorneys
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It depends on which county in the state. Know that if you were excessively speeding they can add an additional allegation where you could get 60 days in jail. It will also depend on your BAC in both cases and whether you violated probation. Most attorneys offer free consultations you should really call one in your local area.
Answered on Jan 22nd, 2014 at 9:24 PM
It depends where you are in California in most counties, standard sentencing will include up to one year in jail, an 18 month alcohol program, MADD class, Public Work Service, fines and 2 year license suspension.
Answered on Jan 22nd, 2014 at 9:24 PM
Criminal Law Attorney serving Los Angeles, CA
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Law Office of Edward J. Blum
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You will be facing Jail, probation, fines and an 18 month class. There will be additional penalties for the probation violation in the 2012 case.
Answered on Jan 22nd, 2014 at 9:24 PM
You need to hire a DUI specialist, and do it soon because you have only 10 days to save your license.
Answered on Jan 22nd, 2014 at 9:23 PM