QUESTION

What am I looking at on a second DWI?

Asked on Aug 10th, 2013 on DUI/DWI - California
More details to this question:
First one was in 2002, second one just in August 2013. What am I looking at? I refused to blow but did the field sobriety tests.
Report Abuse

6 ANSWERS

Chapter 7 Bankruptcy Attorney serving Appleton, WI at Sisson & Kachinsky Law Offices
Update Your Profile
Depends on where it occurred.
Answered on Aug 20th, 2013 at 10:30 PM

Report Abuse
Bankruptcy Attorney serving Federal Way, WA at Freeborn Law Offices P.S.
Update Your Profile
Refusal to blow results in automatic suspension of your license by DOL for 900 days (2 1/2 years). This is the case even if you were to win the DWI case, or have it dismissed. A criminal conviction, in addition to loss of license carries with it mandatory minimum jail sentence of 45 days in jail, 90 days electronic home monitoring, roughly $1600.00 in fines, one year ignition interlock on car, after the license suspension has been completed, SR22 high risk insurance, drug/alcohol treatment per the court's order.
Answered on Aug 20th, 2013 at 10:30 PM

Report Abuse
Criminal Law Attorney serving Los Angeles, CA at Law Office of Edward J. Blum
Update Your Profile
If your first DUI was in 2002 and your second was in 2013, you will be punished as though this was your first. Your punishment will be enhanced because of the refusal.
Answered on Aug 20th, 2013 at 10:30 PM

Report Abuse
Criminal Defense Attorney serving Oakland, CA at Kapsack & Bair, LLP
Update Your Profile
You are looking at a first if this is a California DUI. The case in 2002 is eleven years before the new arrest and is therefore outside the 10 year "look back period" for prior convictions and the mandatory sentencing that a prior engenders.
Answered on Aug 20th, 2013 at 10:30 PM

Report Abuse
You may get a suspended imposition of sentence and probation. You will have to do a SATOP course, and maybe community service. You will also have to deal with your drivers license being revoked.
Answered on Aug 20th, 2013 at 10:30 PM

Report Abuse
Criminal Defense Attorney serving Alhambra, CA at Francis John Cowhig
Update Your Profile
If your first DUI was more than 10 years ago, your present DUI will be considered a first time offense. In California, you are usually looking at a 4 to 6 months license suspension, but you may be eligible for a restricted license (to and from school and/or work). If your blood alcohol level is above .20 then there is a 10 month restriction, as well as other enhancements for excessive alcohol. Fines from $390 to $1,000 plus penalty assessments and court costs which beings to the total to about $2,000.00. Your car may be impounded for up to 6 months. Up to 3 year optional ignition interlock device installed on your car. 96 hours to 6 months jail sentence, at least 48 hours of which must be continuance Depending on the County where the arrest occurred, generally a 1st time DUI offender, with a good attorney, will do little, if any, jail time. However, the defendant will need to jump through some hoops and will be on informal probation from 3 to 5 years. The courts usually order that the defendant pay a fine and penalty assessments which amounts to approximately $1,800.00 plus various other court costs and fees, and either community service or community labor. In addition the defendant must enroll and complete a DUI program. Some courts also require that the defendant participate in a HAM (Hospital and Morgue) Program, MADD (Mothers Against Drunk Driving) Program and have their license suspended. Some courts also require an interlocking device be placed on the Defendant's car, although they can, and sometimes do, defer this to DMV. However, if you are also charged with a refusal to take a blood-alcohol tests (either breath or blood test), there may be additional enhancements and penalties.
Answered on Aug 20th, 2013 at 10:28 PM

Report Abuse

Ask a Lawyer

Consumers can use this platform to pose legal questions to real lawyers and receive free insights.

Participating legal professionals get the opportunity to speak directly with people who may need their services, as well as enhance their standing in the Lawyers.com community.

0 out of 150 characters