More details to this question:
My wife just got arrested for a second DWI in less than a year. She doesn't have any money to pay for fines, fees, probation. I and her family refuse to give financial support. Her BAC is higher this time and her first conviction penalties have been taken care of. Will she have to stay in jail the maximum time since she has no means of money support?
5 ANSWERS
Michael J. Breczinski
Not necessarily this depends on the judge and all the facts.
Answered on May 08th, 2014 at 4:47 PM
Criminal Law Attorney serving Los Angeles, CA
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Law Office of Edward J. Blum
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It depends on the facts of her case. It is mandatory that she serve 4 days if convicted. She will also have to serve some time for probation violation if the violation is proven. She will be eligible for a public defender who can advise her. If she's convicted,, she will be given an option to convert almost all her fines/fees to jail or community labor.
Answered on May 07th, 2014 at 1:21 PM
Social Security Disability Attorney serving Melbourne, FL
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Law Office of Robert E. McCall
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That decision is always up to the Judge. Max is usually one year for 2nd DUI.
Answered on May 07th, 2014 at 1:17 PM
James Edward Smith
Unlikely, poverty does not mean you do maximum time.
Answered on May 07th, 2014 at 1:13 PM
Adoptions Attorney serving Lansing, MI
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Austin Legal Services, PLC
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It is doubtful that she would be maxed out, but she is probably looking at at least some jail time and possibly substantial jail time depending upon the policy of the judge. Retain an experienced DUI attorney in the area that is familiar with her judge for a better about evaluation of what to expect. There maybe deficiencies in the case that can be exploited or defenses that could be raised.
Answered on May 07th, 2014 at 1:11 PM