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2nd dui. what will happen?

Santa Clarita, CA |

i have gotten a 2nd dui last night in los angeles beverly hills hollywood area. and blew a 0.08, will will i be servig jail time if so how long will it be and how can i avoid from going to jail? my dad is blind and diabetic and partially paralized and have to take care of him during the day while my mom is at work. is it possible to get house arrest or any other kind of alternatives besides jail time? and is there always jail time for 2nd dui?

Attorney Answers 6

Posted

The short answer is... if you are convicted of a 2nd DUI in Beverly Hills jail is required. The longer answer is it depends. Most people think that DUI's are open and shut cases. They are not! Not only can DUI's be fought and won, but they can be reduced to non-DUI charges and avoiding county jail is a real option. You will want to consult with a local DUI defense attorney right away. Look to the California DUI Lawyers Association for help in finding a good DUI attorney.

Of course, every DUI case is different and you should consult an experienced DUI defense attorney in your area with questions regarding your specific case. It is always in your best interest to have a good DUI attorney represent you when you have been arrested for a DUI.

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Posted

At this point contact the DMV within 10 days and hire an attorney. Jail time is required but if you get an attorney that knows the way of the land jail time can be avoided. Also at a .08 you have several defenses.
Robert Driessen

Mr. Driessen is a former Deputy DA in Orange County with over 8 years of criminal law experience. Nothing stated on this site shall in anyway be construed as legal advice, or as creating any attorney client relationship. If you would like to hire Mr. Driessen, feel free to contact him at www.theocduiguy.com.

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1 comment

Asker

Posted

thank you robert driessen for the reply, meaning i have a.08 what do you mean by several defenses if i may ask?

Posted

You're facing the possibility of jail time in addition to a mandatory alcohol awareness program and a long probation. You have a lot to deal with but luckily a good lawyer can get you through this. You would be well served by calling a few attorneys for consultations. Was you first DUI conviction less than 10 years ago?

This is NOT legal advice. No attorney-client relationship exists.

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Asker

Posted

yes it was in 2011

Mohammad Ali Salimi

Mohammad Ali Salimi

Posted

So had you completed all the requirements of your probation from the 2011 DUI conviction or did this occur while you were still on probation? I'm afraid that would make your situation a bit more burdensome. Do not approach this without representation.

Asker

Posted

yes i have court next month to show completion for my first dui i just have to pay the fine which is 400 dollars for my first dui wet and reckless

Asker

Posted

it says i had 9 months probation on the paper

Mohammad Ali Salimi

Mohammad Ali Salimi

Posted

I can't say for sure without seeing all of the documentation but it's possible that this new DUI occurred during your probationary period which will have ramifications on your first DUI. You have more to deal with than just the current DUI charge. You need to be careful about your post-conviction actions from the first DUI. I highly recommend 'fighting' this new charge as a second conviction so soon will not be something you'd want to deal with. Many attorneys on Avvo offer free consultations and even have payment plans if you decide to hire one. I suggest you call for a consultation so at least you have a game plan on how to handle the possibility of a 2nd DUI during your probation.

Posted

if you only blew a point away you may not have to end up with the second DUI nevermind alternative sentencing you really need to consult with a lawyer take advantage of the free consultation the most local attorneys offer

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Posted

I agree with my colleagues. There is mandatory jail time associated with a second DUI but there are all sorts of issues that may allow you to avoid such a result. First things first, make sure you request a DMV hearing within 10 days of the stop.

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Posted

I agree with Mr. Driessen. Either call DMV yourself or call an attorney who will stop the DMV suspension right away. I would be happy to help. With respect to Beverly Hills/Hollywood, that is one of my regular courts. A .08 is a presumptively beatable case, so with competent counsel you should be able to persuade the DA they are going to lose that case, and they could certainly lose. Beating your case is what keeps you out of jail. If no one was hurt in your case, and you don't have a horrendous record I feel we could keep you driving and out of jail. Its not a guarantee. But that's a friendly court for us. Call if you want a consult.

Brian Michaels
Los Angeles Criminal Defense Attorney
www.socalcrimdefense.com
3109919179

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