2nd dui within two years and violated probation. bac blew a 0.16% bac

Asked about 1 year ago - Santa Clarita, CA

my first dui was a wet n reckless in 2011 and blew a 0.07, last month i have gotten a 2nd dui and it says on the ticket that it says i blew a 0.08 but i got the police report back and it says i blew a 0.16% percent. and when my arrgament comes will they take me into custody right away? or give me time to turn myself in or a certain kind of date? usually what happens when u show up to your first arrigmanent/courtdate and the process?

Attorney answers (6)

  1. Joshua Matthew Dale

    Contributor Level 13

    8

    Lawyers agree

    Answered . Just like on your first one, you'll see the judge on the first day and plead not guilty with a lawyer from http://california-dui-lawyers.org - they are very qualified lawyers for DUI matters. Good luck on your case.

  2. Matthew Murillo

    Pro

    Contributor Level 18

    5

    Lawyers agree

    Answered . The answers to your question won't change from those given to you earlier today (http://www.avvo.com/legal-answers/2nd-dui-arres...).

    Jail is a possibility if you were still on probation, at least until you post bail. Instead of looking for answers on a public forum, contact some local attorneys and get an in-person consult. No case is perfectly cut and dry. Meet with some local attorneys, discuss the facts, answer their questions, and they will be able to tell you what to expect better than anyone on here could.

    On a side note, the ticket doesnt say you blew .08%. That's the VC section you were arrested under. That is the title of the offense section.

    Any information provided through Avvo.com in response to a question is not, and cannot be considered a formation... more
  3. Michael Kevin Cernyar

    Pro

    Contributor Level 20

    5

    Lawyers agree

    Answered . Relax. If properly defended this matter will take several hearings and possibly months. Who's your attorney? These questions should be directed to your attorney.

    If you are representing yourself on a second DUI then you are in trouble. You admitted that don't know what to expect. The prosecutor is not there to assist you -- in fact he wants to penalize you to the max -- the bigger the penalty he can lay on you the bigger the feather in his/her cap. The judge isn't there to explain your rights to you. He's there to ensure that the case isn't coming back to his courtroom on appeal. So if you are representing yourself, you are on your own. And I know that the Santa Clarita courthouse is a tough one so I wish you the best.

    www.DUI-Lawyer-Long-Beach.com
    (800) 409-7010

    The response above is not intended as legal advice since it’s impracticable to provide thorough, accurate advice... more
  4. Mark K Rosenfeld

    Contributor Level 14

    5

    Lawyers agree

    Answered . What? A wet on a .07? Don't use the same attorney that you did on the frist one. Get a good attorney and fight the DA and the DMV. The CDLA is a good place to look for a quality attorney.

    Of course, every DUI case is different and you should consult an experienced DUI defense attorney in your area... more
  5. Michael Korry Bialys

    Contributor Level 13

    4

    Lawyers agree

    Answered . typically Santa Clarita will not take you into custody immediately on your first DUI or even your violation of probation however it would be a much better idea if you have maternity show up at that first appearance on your behalf this is a serious situation and you going to need good counsel

  6. Seth Andrew Weinstein

    Contributor Level 15

    2

    Lawyers agree

    Answered . It probably says you blew a 0.08% or above on the citation. At the Arraignment you plead guilty or not guilty. If you plead not guilty, you set a court date about a month down the road. If you ultimately decide to plead guilty or no contest and the sentence requires jail time, you will have 30 days to turn yourself into custody. You definitely need a lawyer.

    Seth Weinstein, Esq.
    Southern California Criminal Defense Attorney
    (310) 707-7131
    www.sethweinsteinlaw.com

    This reply should NOT be considered a legal opinion of your case / inquiry. At this time I do not have sufficient... more

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