Would I get jail time for a second DUI offense?

It is certainly possible. The charges carry up to a year in jail, like any other misdemeanor crime, and second offenses are treated more severely than first. With all that said, your attorney may be able to keep you out of jail through a plea bargain. 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? Raise all appropriate defenses with whatever witnesses, evidence and sympathies are available for legal arguments, for evidence suppression or other motions, or for trial. Effective plea-bargaining, using those defenses, could possibly reduce the potential time and other penalties you face. No amount of free 'tips and hints' from here or elsewhere are going to effectively help you in your 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, program, or other decent outcome through motions, plea bargain, or take it to trial if appropriate. A little free advice: If arrested for DUI, whether alcohol or drugs, then upon release from jail or booking the defendant is given documents that include a notice that you have only ten days to file a request with DMV for a hearing on an appeal of the automatic suspension of your license imposed by DMV upon your arrest. That is separate and runs consecutively with any suspension that may be imposed by the DMV, or the court upon conviction. Contact DMV and do so, timely if you think you have grounds for appeal, then appear at the scheduled DMV appeal hearing and present your supporting evidence and witness testimony. If you don't know how to do these things effectively, then hire an attorney that does. If serious about hiring counsel to help in this, and if the charges are in SoCal courts, feel free to contact me. I'll be happy to help fight this and get the best outcome possible, using whatever defenses there may be. Terry A. Nelson Attorney at Law 18685 Main St. #175 Huntington Beach, CA 92648 (714) 960-7584 email lawyer@surfcity.net Privileged And Confidential Communication. The information contained in this document is intended solely for use by the intended recipient[s]. This electronic transmission, and any documents attached hereto, (a) are protected by the Electronic Communications Privacy Act (18 USC 2510-2521), (b) may contain privileged and confidential information including information which may be protected by the attorney-client and/or attorney work product privileges, (c) may contain settlement discussions privileged under California Evidence Code 1152.

Depends on a lot of factors. The court, your judge and most importantly, your attorney. Hire a good local one.

Yes at least 10 days, could be more.

You could potentially be sentenced to 10 days to 1 year in the county jail. I strongly suggest that you contact an experienced criminal law attorney for a face-to-face consultation and give him/her all of the facts surrounding your arrest. He/she would then be in a better position to analyze your case and advise you of your options.

Yes. You should contact a qualified DUI attorney.

If convicted of a misdemeanor second offense within 10 years, very likely.

The vehicle code requires mandatory jail for a second DUI, but it's only 96 hours. The down side is that some counties want much more than the mandatory minimum. It really depends on what your blood alcohol was, the facts of the case, how old your prior is and what the local practice is. Alternative sentencing (i.e. house arrest) are always a potential as well. I'd strongly suggest getting an attorney on board ASAP - there may be things that they suggest before your court date to get you in the best position for a good outcome.

Absolutely. It's mandatory. Which is why you need to hire a DUI specialist to try and get a reduction, so the statutory minimum would not apply. And remember you have only 10 days to save your license from a long suspension.

yes, mandatory minimum of 30 days. Get an attorney.

Most likely yes. On a 2nd DUI conviction in California there is a mandatory 96 hours of custody required. The vehicle code requires a minimum of 96 hours (or 4 days) and a maximum of 1 year in custody if you are convicted of a 2nd DUI offense. However, the custody requirement can sometimes be satisfied in other ways, such as a work release program.

A lot of judges give time for a second DUI becasue you did not learn from the first time. You need a good attorney.

Commonly you will, but it does depend on many circumstances.

You can, but there is also an alternative option of a 14 day in-patient treatment. Speak to a lawyer. Without speaking to a lawyer, you do not know your options. You may be able to beat the charge outright.

In California there is mandatory jail time for a 2d DUI. How much will depend upon which county you are prosecuted in.

Absent a reduction or a deferred prosecution, I think a jail sentence is a distinct possibility.

The penalties for a second DUI are as follows (having an attorney may reduce some of the penalties). SECOND OFFENSE DUI (1 PRIOR WITHIN 10 YEARS) PROBATION: 3-to-5 years Informal Probation JAIL: 96 -hours minimum mandatory jail and up to one year jail maximum may be imposed. In Orange County, the jail sentence typically averages between 30 and 90 days. COURT FINES: Minimum $390.00 fine to maximum of $1000.00?Note, however that the $390.00 minimum fine, after adding penalty assessments and miscellaneous court fees, results in a total amount due of approximately $1400.00-to-$1800.00 . DUI SCHOOL: Attendance at 18-month Multiple Offender Program (MOP) required COURT MAY ALSO ORDER: Impound Vehicle up to 30-days if owned by defendant Ignition Interlock Device for up to 3-years INCREASED PENALTIES FOR DUI ENHANCEMENTS: Refusal/Forced Blood?Mandatory additional 96 hours Jail Passenger in Vehicle Under Age 14?Mandatory additional 10 days Jail Speeding = 30 mph on Freeway or = 20 mph on Street or Highway?Mandatory additional 60 days Jail

Generally, yes it is possible to get jail time.

It is possible.