QUESTION
Will they charge me with my 2nd DUI or both and how much time can I do or what should I do?
Asked on Apr 15th, 2013 on DUI/DWI - California
More details to this question:
I got my first dui a while back n was put on summary probation for 3 years and recently got pulled over n blew a 0.06%. I had like 2 beers before I even got in the car but is that just a violation? I'm already enrolled and almost done with my first offender classes? Thank you for helping I just want to know what I'm possibly facing and want to be prepared.
2 ANSWERS
Wrongful Termination Attorney serving Huntington Beach, CA
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Nelson & Lawless
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You are possibly facing a year in jail on the 2nd DUI [priors increase the penalties] and revocation of probation and return to jail on the first DUI. No humor intended: if you can't do the time, don't do the crime. When charged with any crime, the proper questions are, can any evidence obtained in a test, search or statement be used against you, can you be convicted, and what can you do? While this isn't a 'capital case', it certainly carries potential time, so handle it right. No amount of free 'tips and hints' from here or elsewhere are going to effectively help in a legal defense. If you don't know how to represent yourself effectively against an experienced prosecutor intending to convict, then hire an attorney who does, who will try to get a dismissal, charge reduction, diversion, programs, or other decent outcome through motions, plea bargain, or take it to trial if appropriate. At least your BA was not over the legal limit, but the officer still arrested you for under the influence because of your driving and FST failing performance.
Answered on Apr 18th, 2013 at 7:57 PM
Criminal Law Attorney serving Fremont, CA
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Steven J. Alpers, A Professional Corporation
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Some depends how old you are. If you are under 21 .04 is enough to convict. If you are on probation you could be given up to the maximum of 6 months on that case alone.
Answered on Apr 17th, 2013 at 1:19 AM