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

Asked about 1 year ago - 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?

Attorney answers (5)

  1. Philip Daniel Hache

    Pro

    Contributor Level 16

    9

    Lawyers agree

    Answered . 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... more
  2. Brian Russell Michaels

    Pro

    Contributor Level 16

    8

    Lawyers agree

    Answered . 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
    www.socalcrimdefense.com
    3109919179

  3. Michael Kevin Cernyar

    Pro

    Contributor Level 20

    7

    Lawyers agree

    Answered . 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... more
  4. Edgar Javier Reynoso

    Pro

    Contributor Level 12

    7

    Lawyers agree

    Answered . 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.

  5. Stephen Troy Allen

    Pro

    Contributor Level 15

    Answered . 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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