QUESTION
Do I have to do jail time for this for DUI related suspension 2nd offense?
Asked on May 10th, 2013 on DUI/DWI - Michigan
More details to this question:
My license is suspended DUI related and I was driving and got pulled over this is the 2nd time I got pulled over (2nd offense).
9 ANSWERS
Criminal Defense Attorney serving Oakland, CA
at
Kapsack & Bair, LLP
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You should discuss this case with a lawyer, many counties require time in custody for second offense driving on a suspended license, additionally if you are on DUI probation these charges are likely a violation of the terms and conditions of your DUI probation, finally an ignition interlock may be part of your sentence for driving while suspended for a DUI. A DUI lawyer may be able to keep you out of jail and avoid some of the punishment you are likely facing.
Answered on May 17th, 2013 at 7:10 AM
Divorce & Separation Attorney serving Jacksonville, NC
Partner at
The Houser Law Firm, P.C.
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Possibly. There is no DUI in North Carolina - its DWI. If you were popped with DWLR as a result of being suspended for DWI and it is your second such offense, you could and should be facing some jail time. If I were the judge, I'd put you in the pokey for the maximum time. Clearly, you are aware you are suspended and are not allowed to drive - yet you continue to do so. In my mind, that is tantamount to giving the state the finger and saying 'Ima do what I want'. In NC, DWLR carries a possible 120 days in jail per offense and of course an additional year or more of license suspension.
Answered on May 14th, 2013 at 7:08 AM
Geoffrey MacLaren Yaryan
If you are convicted of a second DUI in California you will do some jail time.
Answered on May 14th, 2013 at 7:00 AM
Jacob P. Sartz
I'd recommend you privately consult with a lawyer if you need specific legal advice. You are presumed innocent until proven guilty beyond a reasonable doubt. In general terms, the charge operating on a suspended, denied, or revoked license, second offense, is a misdemeanor punishable by up to one year in jail, probation up to two years, additional license sanctions, fines, costs, and additional sanctions at the discretion at the court. Rates and sentences for a conviction vary depending on factors such as whether a plea-bargain was involved, the sentencing patterns of the particular judge, the accused's prior criminal and driving history, the alleged facts, or other factors. Judges, in general, have a lot of discretion, and the sentences vary significantly. I'd recommend you retain a lawyer.
Answered on May 14th, 2013 at 7:00 AM
Michael J. Breczinski
You may end up doing some time but that is up to the judge and how full the jail is.
Answered on May 14th, 2013 at 6:57 AM
Yes jail time is mandatory.
Answered on May 14th, 2013 at 5:50 AM
Automobile Attorney serving East Lansing, MI
at
Nichols Law Firm PLLC
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Your license will be revoked if you are convicted and jail time is likely.
Answered on May 14th, 2013 at 4:54 AM
Yes. Mandatory jail. Which is why you should get a lawyer to have the charge reduced so it is not a VC 14601.2(a).
Answered on May 11th, 2013 at 1:18 AM
Appellate Attorney serving Grosse Pointe Farms, MI
at
Musilli Brennan Associates, PLLC
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You should get yourself an attorney, from your description I suspect that this is your second driving while suspended for a drinking and driving infraction, the chances of your serving at least some jail time are extremely high in my opinion.
Answered on May 10th, 2013 at 4:01 PM