QUESTION
What will happen if I have gotten 2 DUIs within a 2 month period and the second one got in a bad accident with a full car?
Asked on Oct 09th, 2013 on DUI/DWI - California
More details to this question:
My first DUI was in CA and I just went to court for it and got 3 years informal probation, got my license taken away for a year and have to go to alcohol classes. My second DUI, I had a full car, hit a car, and totalled my own car. I was driving under the influence but my tire also blew at the time.
5 ANSWERS
Criminal Defense Attorney serving Alhambra, CA
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Francis John Cowhig
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You have a number of problems. Your second DUI which resulted in an accident can be charged as a felony with a potential jail sentence of up to 3 years. In addition, if you were on probation from your 1st DUI, you may also be charged with a probation violation. Finally, if you were driving on a suspended license, you could be charged with that as well.
Answered on Oct 10th, 2013 at 9:57 PM
Criminal Law Attorney serving Fremont, CA
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Steven J. Alpers, A Professional Corporation
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I cannot tell for sure. If there were injuries you could be charged with a felony. If no injuries, then the most you could do is 18 months in jail and a 18 month or 30 month program. Some may depend if you had insurance. Because there are so many variables, including what blood level and even what county you are in I can not give you any sort of idea other than the maximums. There would be a minimum of 10 days in jail on the 2nd dui plus up to 6 months on a probation violation.
Answered on Oct 10th, 2013 at 6:27 PM
Criminal Law Attorney serving San Diego, CA
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Lee Law Group DUI & Criminal Attorneys
There are too many possible angles to your situation to provide a lucid answer. For example, were you legally permitted to drive when you obtained the 2nd DUI?
Answered on Oct 10th, 2013 at 3:28 PM
You need to hire a DUI specialist, who can maneuver the 2 cases around to your maximum advantage. Whenever something like this happens, strategy is key. Prosecutors aren't always coordinated, especially if they are in different courts.
Answered on Oct 10th, 2013 at 2:32 PM
Criminal Law Attorney serving Los Angeles, CA
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Law Office of Edward J. Blum
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You will most likely be charged with a felony DUI. If you do not fight it with a lawyer, you may go to prison. You need to get a lawyer who knows to hire an accident reconstruction / human factors expert.
Answered on Oct 10th, 2013 at 2:30 PM