QUESTION
What is she looking at if she was arrested for a DUI about a year and half ago and arrested again last night for her second DUI?
Asked on Jul 16th, 2013 on DUI/DWI - California
10 ANSWERS
Bankruptcy Attorney serving Federal Way, WA
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Freeborn Law Offices P.S.
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alcohol concentration (breath test) less than .15 , or no test taken (not a refusal): penalties if convicted: MINIMUM penalties.... 30 day minimum jail time (non suspended), 60 days electronic home monitoring, roughly $2000.00 in fines, 2 year revocation of license, one year interlock device, alcohol/drug treatment as determined by the court. If you have a breath test result of .15 or greater, or you refused the test, then the MINIMUM penalties are as follows: 45 days in jail, 90 days electronic home monitoring, roughly $2400.00 in fines and assessments, 900 day license revocation (roughly 3 years), one year interlock, drug and alcohol treatment as determined by court.
Answered on Jul 18th, 2013 at 2:59 AM
Chapter 7 Bankruptcy Attorney serving Appleton, WI
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Sisson & Kachinsky Law Offices
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Depends on the state and jurisdiction you are in!
Answered on Jul 18th, 2013 at 2:59 AM
Take a look at this chart: http://theduispecialist.com/dui_penalties.html.
Answered on Jul 17th, 2013 at 10:48 PM
Criminal Law Attorney serving Los Angeles, CA
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Law Office of Edward J. Blum
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Couple of things: First, in California a Second Time DUI carries a mandatory 4 days in jail. On top of that there is an 18 month alcohol program (SB38), a one year suspension and sizable fine. In Los Angeles County the actual days in jail vary, but there may be additional days because the second offense is so close to the first. Second, if convicted 18 months ago, chances are that there is also a probation violation. The court will add jail time for this as well. In my experience in addition to the fines, fees and school the person is probably looking at 30 days jail.
Answered on Jul 17th, 2013 at 10:13 PM
Criminal Defense Attorney serving Alhambra, CA
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Francis John Cowhig
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In California, you are usually looking at a 2 year 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. 90 days to 1 year jail sentence, at least 48 hours of which must be continuance. Mandatory car impound for 1 to 30 days. Mandatory 18 month DUI program. In addition to this, there will probably be a probation violation on the original DUI case, which could add additional fines and jail time.
Answered on Jul 17th, 2013 at 10:02 PM
Likely minimal jail time, such as 90 days, and/or a hefty fine.
Answered on Jul 17th, 2013 at 12:57 PM
Bankruptcy Attorney serving Florissant, MO
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Law Offices of Thomas Corcoran Phipps
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It depends on what happened in the first DWI. If she was placed on probation, she could have her probation revoked. If she gets probation for the second one, she may have to pay a large fine or do some jail time on any companion tickets.
Answered on Jul 17th, 2013 at 11:31 AM
Michael J. Breczinski
She is probably looking at some jail time or at least a stay in residential treatment since she is an alcoholic.
Answered on Jul 17th, 2013 at 11:27 AM
Bankruptcy Attorney serving Irvine, CA
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Chambers Law Firm, P.C.
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Possibly 90 days to 1 year in jail, fines and penalties totaling $2,500 to $3,000 and a two-year driver license suspension. If probation is granted, a minimum of 96 hours in jail must be served.
Answered on Jul 17th, 2013 at 11:27 AM
James Edward Smith
Probation and fines and school
Answered on Jul 17th, 2013 at 11:27 AM