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Got a 2nd dui, when do you go to jail?

Santa Clarita, CA |

usually when you get a 2nd dui do you go to jail on the court date? or do they give u time to turn yourself in after the court date and usually if they do.. how long do they give you to turn yourself in?

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Attorney answers 5


You're getting way ahead of yourself here. What happened to mounting a vigorous defense to prevent that 2nd DUI!? No you don't go straight to jail, even if you plead on day 1, something you should hardly ever do. Talk to some lawyers before talking yourself into jail.

Brian Michaels
Los Angeles Criminal Defense Lawyer



i mean on the day on the arrignment do u go to jail on that day? and if not how long does the judge give u before u turn yourself in if i am sentenced to do mandatory time in jail.


There are some variables here. Did you post bail to get out jail after you were initially arrested, or were you released on your own recognizance (O.R.)? The answer to that, combined with the circumstances behind the DUI itself, can raise some issues as to whether the court would require bail or not, or other conditions to remain out on O.R. if in fact you are currently on O.R. release status.

To get more specific about your question, you would not be sentenced based on a DUI until there is either a guilty/no contest plea, or a guilty finding after trial. If jail is part of your sentence, usually a Judge will allow a later surrender date when the sentencing is based on a 2nd DUI conviction. It can vary depending on the Judge and circumstances of the case, but often Judges will let a surrender date go out up to a month or so from sentencing.

That being said, it may be possible to avoid jail time altogether. Discuss your case with a DUI attorney in your area. Feel free to contact me if you would like to discuss your case further.

Legal disclaimer: This message does not constitute legal advice and is for informational purposes only. This message does not establish an attorney-client relationship, which can only be established once a retainer agreement has been fully executed between you and this firm.


DUI defense is all about physics, chemistry, biophysics - scientific evidence that many are not very good with because they were not trained in it. DUI defense is very technical. Admitting guilt on the first appearance may be malpractice. Retain an attorney who knows what they are doing. Many reputable attorneys offer a free consultation. Find at least one in your area.

The response above is not intended as legal advice since it’s impracticable to provide thorough, accurate advice based upon the query without additional details. It is highly recommended that one should seek advice from a criminal defense attorney licensed in your jurisdiction by setting up a confidential meeting. Moreover, this response does not constitute the creation of an attorney-client relationship since this message is not a confidential communication because it was posted on a public website, thereby publicly disclosing the information, which is another reason to setup a confidential meeting with an attorney.


Assuming no other aggravating factors, you're facing up to a year in jail. You need a dui defense attorney to fight the charges to have the best chance of avoiding jail or reducing the charges.



only had probation for 9 months from my last dui which went down to a wet n reckless was 2 years ago. and this time i blrew a 0.8 so i dont thinka year

Edgar J. Reynoso

Edgar J. Reynoso


2nd offense under Veh C §23152 — no probation (within 10 years of prior conviction under Veh C §23103 as specified in §23103.5 (wet reckless), §23152, or §23153; time computed from arrest to arrest). Mandatory imprisonment, fine, and penalties: (1) Jail time: minimum 90 days to maximum 1 year (Veh C §23540). (2) Fine: minimum $390 to maximum $1,000, plus assessments (Veh C §23540). (3) Maximum $50 alcohol abuse education and prevention penalty assessment unless defendant is unable to pay (Veh C §23645). (4) 2-year license suspension under Veh C §13352(a)(3), and immediate surrender of license to court. DMV will not reinstate license until the defendant provides proof of financial responsibility and proof of completion of 18-month or 30-month licensed driving- under-the-influence program described in Veh C §23542(b). (5) Court must order vehicle impounded for 1–30 days if defendant is registered owner, except in an unusual case, if offense occurred within 5 years of prior; court must state circumstances on record when not ordered (Veh C §23594(a)). Additional penalties and enhancements: (1) Court may disallow issuance of a restricted driver’s license under Veh C §13352.5 if it determines that defendant would present a traffic safety or public safety risk. Veh C §23540(b). (2) If chemical test was refused, enhanced mandatory imprisonment of 96 hours (Veh C §23577(a)(3)). (3) If alcohol concentration of .15% or more or chemical test was refused, court must consider as a special factor that may justify enhancing penalties in sentencing and in determining whether to grant probation (Veh C §23578). (4) If minor passenger under 14 years was in vehicle, enhanced mandatory imprisonment of 10 days unless defendant also convicted of Pen C §273a (Veh C §23572(a)(2), (c)). (5) If defendant is under age 21, additional 1-year license suspension or delay and immediate surrender of license to court (Veh C §13202.5). (6) If defendant drives 30 mph over limit on freeway (20 mph for other roads) in manner prohibited by Veh C §23103 during commission of DUI, additional and consecutive term of 60 days, except in unusual cases with specification of reasons on record; on 1st conviction, court must also require completion of alcohol and/or drug education and counseling program (Veh C §23582). (7) Court must order defendant to participate in county alcohol and drug problem assessment program (Veh C §23646(b)(1)). (8) Court may require installation of functioning, certified ignition interlock device on any vehicle owned or operated by defendant and prohibit defendant from operating any vehicle


The maximum Jail time on a 2nd DUI would be one year in the county jail. In most counties, as long as you were not on probation at the time of the alleged offense and there are no aggravating factors (high BAC) or (collsion) then you would not likely do any actual jail time. Any time you receive as part of a plea would be done on work release or house arrest. Bail could be set, but if you have no prior Failure to Appears, you will likely be released on own recognizance with certain conditions. You should speak to an attorney..

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