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DUI school vs standard plea on 2nd dui.

Mission Viejo, CA |

What are the pros and cons of entering a guilty plea on OC which requires me to participate in dui school verses a regular plea which sends me to jail?

Attorney Answers 6


  1. You really need to talk to a lawyer. You have misinformation. In Orange County which is where most of my cases are handled the DA will want jail time on a second time DUI as well as the 18 month program. There are ways around jail time if you hire an attorney that knows the way of the land. Feel free to call me for a free consultation.
    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.


  2. You absolutely should NOT simply plead guilty. With a second DUI conviction you cannot avoid taking the DUI program if you ever want to get your driver license back. Unless you are an out of state resident, the DMV requires those classes to get your driving privileges reinstated. Also, you have only ten days from the date of arrest to request a hearing with the DMV to contest the one year suspension that is pending. That hearing gives your attorney the opportunity to subpoena and cross examine the arresting officer to see if mistakes have been made in handling your case. And you can continue to drive pending the outcome of that hearing. If favorable evidence comes out of the hearing, your DUI lawyer can present that to the prosecutor and potentially obtain a dismissal or reduction in the charges. Do not simply plead guilty without seeing what an experienced DUI attorney can do. We are available to meet with you for a free consultation. Good luck.
    Sincerely,

    Don Sowers

    Attorney-at-Law

    Law Offices of Donald G. Sowers
    7545 Irvine Center Drive, Suite 200
    Irvine, CA 92618-2933

    Office: 800-351-5975
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  3. Every DUI conviction in California requires an alcohol program component as part of the sentence, regardless of whether it is a 1st offense or 10th. The length is the only difference. As for jail, it all depends on the details. Sometimes you can do credit for time served and nothing else, other times it needs to be straight time in jail, and others you can work out an agreement to do it via the Work Release program. In OC, DA always wants to do jail, but an attorney may be able to get then to agree to "not oppose" work release.

    Speak to an attorney about your case.

    Any information provided through Avvo.com in response to a question is not, and cannot be considered a formation of any Attorney-Client relationship. Questioner understands that the nature of this system allows only for a cursory review of case information, and more detailed information should not be divulged in this public forum. As such, Questioner is recommended to contact an Attorney in order to discuss the full details of their case and a more specific advisement of potential rights and liabilities.


  4. The DUI class and jail are not mutually exclusive. There isn't a plea in OC that is different than any other place in CA. I suggest speaking with an attorney directly.

    Contributions on AVVO.com in no way create an attorney-client relationship nor are they intended to be relied upon as a course of action without having first consulted directly with an attorney, where the specific facts and circumstances of your case can be fully discussed.


  5. A standard condition of probation for a DUI (whether it's a first or subsequent) is the completion of an alcohol program. First offender programs are typically 3 months (but can be up to 9 months depending on your blood alcohol level). Multiple offender programs are 18 months in length.

    Even if you were not to have the alcohol program imposed as part of your probation, the DMV would still require the program before they'll ever issue you a valid license again.

    There is also a mandatory jail sentence on a second (or more) DUI conviction. Sometimes that can be converted into something other than jail - CalTrans work, house arrest, rehab, etc.

    I'm just a little confused by your question - If you don't already have an attorney, you probably should consult face to face to further explore your options as well as any defenses you may have.

    The above answer is for general information only and is based on the information you posted. Every case is fact dependent, so to get a thorough analysis of your situation, you will need to consult face to face with an attorney licensed to practice in the jurisdiction where the incident took place. Do not conclusively rely on any information posted online when deciding what to do about your case.


  6. You do not have the choice of choosing between jail time and completing the DUI classes. If you want to get your CDL restored you must complete the DUI classes. DMV will never give you back your CDL unless you complete the classes. If you drive without having a valid CDL then you are driving on a suspended CDL which requires mandatory jail time. Jail time is mandatory on a 2nd time DUI and will be required by the OCDA. You should have an attorney represent you. An attorney may be able to get you an alternative to jail time.

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