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?
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.
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.
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
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
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