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I got 2nd DUI and I still have to complete my service hours for my 1st DUI. What should I expect my penalties from the courts?

Los Angeles, CA |

I received my first DUI from West Covina courthouse in October of 2011 after driving drunk and hitting several parked cars. I've completed everything the court asked me to except 140 hours of community service which are to be completed by September 18th. This past Saturday, August 10th, I was pulled over in DTLA and blew a .18 and .19 on two breathalyzer test. I was ticketed with a second DUI and have court on September 5th. I'm scared about doing jail time and about violating my probation and what the consequences are gonna be. Please advise

Attorney Answers 8


  1. You have some serious legal problems ahead. With the BAC reading so high on your 2nd DUI and the fact you are still on probation for your first, you are almost certainly looking at jail time. What court are you in for the new case?

    West Covina is about the toughest court in town these days and are almost certain to violate your probation. If your new case is in a different court, you want to get the PV transferred there to avoid dealing with West Covina.

    You absolutely should hire private counsel for this matter - you need a well-conceived plan of defense before ever going to court to try and stave off the potentially severe consequences you face.


  2. I agree with Mr. Fraser. You have some tough legal issues ahead of you and may be looking at some jail time being requested by the prosecutor. Talk to a few attorneys and get some help. Many of us on Avvo provide a free consultation.


  3. YOu will need a DUI defense attorney, as the other two lawyers wrote, you are now looking at a probation violation, second offense DUI with high blood alcohol concentration(s). While a local lawyer can likely give you an estimate for sentencing you may have defenses that can knock out the second offense DUI and leave with a probation violation. It seems unlikely that you will avoid the probation violation as there seem to be two, failing to comply with the initial court sentence (140 hours community service) and driving with a blood alcohol concentration of .01 or above. In addition to the court action, if the DMV moves against you as both a probation violation and a second offense you may lose your license for a year with no restricted license available. You should hire a lawyer to help.


  4. You will definitely need an attorney. My suggestion is to start calling some attorneys immediately and retain one. First and foremost, make sure you reserve the DMV hearing, which must be done within 10 days of arrest. The DMV hearing is an excellent way develop evidence for the court case. Second, West Covina is a terrible place for a violation, but even though downtown is a much better place to be, a second offense still carries mandatory jail time. However, with the state of the county budget you'll only serve a tiny fraction of what is imposed. However there are other consequenes of violation. Loss of licensure, higher insurance rate and much longer period of probation are all additional consequenes you are looking at. Start calling some attorneys today, you need help and fast.

    No legal advice is given here. My responses to questions on Avvo are never intended as legal advice and must NOT be relied upon as if they were legal advice. I give legal advice ONLY in the course of a formal attorney-client relationship. Exchange of information through Avvo's Questions & Answers forum does not establish an attorney-client relationship with me. That relationship is established only by joint execution of a written agreement for legal services. I am only licensed in the States of California and New York and the District of Columbia


  5. You could certainly be facing jail time, as a result of the second offense, and the multiple probation violations, as well as a host of other penalties. I strongly advise you to retain a locally experienced DUI attorney ASAP, as a DMV hearing must be requested within 10 days. If you don't, after 30 days, due to you still being on probation, your license will be suspended for at least a year with no possibility of a restricted license. Get an attorney ASAP.

    Jasen Nielsen


  6. Where is the 2nd DUI? It may be to your advantage to have the 1st DUI probation assigned to the new judge and removed from the West Covina court. This is one strategy to discuss with your attorney, in addition to the many others. Many reputable attorneys offer a free consultation which fits everyone's budget so my recommendation is to meet as many attorneys as possible to determine which one best fits your needs. I wish you the best.

    www.YourCriminalDefenseLawyer.com
    for Fairness & Your Freedom because sometimes good people find themselves in unpleasant situations
    (800) 409-7010

    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.


  7. You need to hire the best attorney you can! ASAP!!!!

    All of my colleagues are correct. The potential consequences from both DMV and court are enormous.

    You should find an attorney who regularly practices in DTLA and is very familiar with all the players there. You should hire someone who is a member of the California DUI Lawyers Assoc (CDLA).

    Those of us CDLA members who regularly practice downtown, would be happy to give you a free consultation. Take advantage of that opportunity to speak with some lawyers and then retain the one that you feel most comfortable with and that is the most qualified.

    Good luck!


  8. I used to be the DA in West Covina court and I know how strict and conservative they are with DUIs over there. You are looking at plenty of jail time, minimum of 4 days for new case if convicted and 30 to 60 days for probation violation. You should think of hiring a lawyer and fighting it. A lawyer could possibly get you a better deal with your probation violation and also find holes in your new case.

    Believe me I have handles hundreds, if not over a thousand DUI cases, they can do do much damage to you. You are looking at jail time, heavy fines, 18 month alcohol program, other programs such as HAM and MADD and also IID device. Call a lawyer and get advice. Most attorneys here responding you offer free consultation.

    Sharon Paris Babakhan
    818-480-3571
    www.sharonbabakhanlaw.com

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