QUESTION
Is jail time mandatory in California for a second DUI?
Asked on Sep 20th, 2012 on DUI/DWI - California
More details to this question:
I was charged with my first DUI the earlier part of the year and now I just got my second DUI. Will I have to serve jail time?
5 ANSWERS
Criminal Law Attorney serving Fremont, CA
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Steven J. Alpers, A Professional Corporation
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Minimum 10 days, but likely more since your 1st was so recent. You may want to get drug and alcohol counseling to lower your jail time.
Answered on Sep 26th, 2012 at 11:32 PM
Wrongful Termination Attorney serving Huntington Beach, CA
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Nelson & Lawless
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Mandatory? No, but possible. While this isn't a 'capital case', you certainly face fines and potential jail, so handle it right. 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.
Answered on Sep 24th, 2012 at 5:48 PM
Criminal Defense Attorney serving Alhambra, CA
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Francis John Cowhig
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There is a mandatory jail sentence of 10 days to 1 year, depending on the county, court and D.A.
Answered on Sep 24th, 2012 at 5:43 PM
Criminal Defense Attorney serving Newport Beach, CA
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Law Offices of Anthony Sessa
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No! Not if you have an attorney help you. Otherwise get ready to serve 60 to 90 days of jail time if you go with a public defender (otherwise known as "public offenders").
Answered on Sep 24th, 2012 at 5:37 PM
Michael Paul Vollandt
Yes. I believe it is 5 days but a standard sentence is more like 45 days up depending on the BA reading and other factors.
Answered on Sep 24th, 2012 at 5:09 PM