QUESTION

What can happen on a Second DUI charge but I was not in my vehicle and I was not pulled over?

Asked on Mar 28th, 2013 on DUI/DWI - California
More details to this question:
I was on the side of the highway checking my tires thinking I had a flat tire, when a CHP pulled behind me, asked if everything was okay, I replied yes. He then went into questioning and I was later taken in for suspected DUI. Will I do time? My prior was 6 years ago and have been clean since. Your help is appreciated! Thank you.
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2 ANSWERS

Wrongful Termination Attorney serving Huntington Beach, CA at Nelson & Lawless
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What can happen? Prosecution. And conviction if they can show you had been driving, and were ?under the influence?. With your prior, you face potential mandatory jail. When questioned, arrested or 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? No amount of free 'tips and hints' from here or elsewhere are going to effectively help in a 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, programs, 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 he has only ten days to file a request with DMV for a hearing on an appeal of the automatic suspension of license imposed by DMV upon arrest. That is separate and runs consecutively with any suspension that may be imposed by 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 to 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 this is in SoCal courts, feel free to contact me. I?ll be happy to help fight and get the best outcome possible, using whatever defenses and sympathies there may be.
Answered on Apr 01st, 2013 at 2:17 AM

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Criminal Defense Attorney serving Alhambra, CA at Francis John Cowhig
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A 2nd DUI within 10 years of your 1st has a potential jail sentence of up to 1 year. Hire an attorney.
Answered on Apr 01st, 2013 at 1:42 AM

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