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2nd dui with an open bench warrant

Santa Clarita, CA |

hi im not sure if i have a bench warrant from 6 months ago, but i got caught for my 2nd dui 2 nights ago and i think i have a bench warrant. i spent the night in jail due to the dui but since i have a bench warrant open (not sure if i do) wouldnt have i spent more time in jail? or would it be up to the judge on my court date. help please

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Attorney answers 4


If you had a warrant you would not be released unless you posted additional
bail amount. Another issue is was the first duo from the same court. Also
you Kay ne charged with a vc 23164 violation of driving with a bag of .01
or greater while on dui probation. You should consult an attorney.



thank you for this response, no it was from a different court house. but in los angeles area. and i think my probation is over for my first dui. i only had 9 month probation. so your saying if i had a warrant out for my arrest, and they caught me for a dui i would be spending more time in jail instead of 1 night in the jail tank right?


Even with an outstanding warrant the Los Angeles County Sheriff may release you. There are a lot of factors to consider and you need to consult with a DUI attorney in your area right away. Look to the California DUI Lawyers Association for help finding a good 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.


You may have a warrant but there is not enough information to determine. You need an attorney and make sure you contact the DMV within 10 days.
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


Normally if you have a bench warrant you would NOT be released and would be dragged into the court where the warrant is out of. One of two things happened. You don't have a bench warrant OR the Sheriff's Department screwed it up. A distinct possibility.

Brian Michaels
Los Angeles Criminal Defense Attorney



thanks for the reply, hence that i forgot to mention that i was in jail overnight in beverly hills and the ticket i recieved was an infraction from another court house. so ur saying if i had a warrant and got arrested they would drag me to the court where the warrant was placed right? and wouldnt be released?

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