I recently gotten charged for my second DUI new years eve. I had accidently side swipped a cop car this will be my second DUI.

Asked almost 2 years ago - San Diego, CA

Will i get jail time for sure?

Attorney answers (8)

  1. Elliot Rahmim Zarabi

    Pro

    Contributor Level 18

    13

    Lawyers agree

    Answered . There is a minimum jail time on a 2nd time DUi

  2. David Philip Shapiro

    Pro

    Contributor Level 18

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    Answered . Assuming the arrest was lawful and the test was accurate, you may have an uphill battle to "beat" the case. But with a quality locally experienced criminal defense attorney at your side you give yourself the best chance to get the best outcome possible given the facts of your case....even if all that can be done is obtaining the minimum sentence under the law which is 96 hours jail (assuming the prior was within 10 years, possibly with alternatives to actual jail), a fine of around $2,500, an 18 month DUI program, likely driver's license suspension, etc.

    The bigger issue is whether or not anyone was inside this cop car you allegedly sideswiped and if the officer was, or is claiming to be, injured. If such is the case the charges could be strike felonies depending on the extent of the injury.

    It's best not to speculate and be as proactive as possible in your defense. Start by hiring the best locally expeirenced criminal defense attorney you can afford.

    Law Offices of David Shapiro 3555 4th Avenue San Diego, CA 92103 (619) 295-3555
  3. Eric Paul Ganci

    Pro

    Contributor Level 12

    12

    Lawyers agree

    Answered . DUIs usually turn on the BAC. Even though hitting the cop car is not the best of facts, especially on New Years Eve, it usually comes down to your alcohol number (and how they tested either your breath or blood). Assuming your case is downtown San Diego, there is a particular way to play the politics down there at the different stages of your case.

    Keep in mind you have 10 days from the date of arrest to set up the DMV hearing, with the arrest counting as day 1. That hearing can really steer the case to figure things out.

    Disclaimer: This was not legal advice, and in no way formed an attorney-client relationship.
  4. William Peter Daley

    Contributor Level 17

    12

    Lawyers agree

    Answered . As the others have mentioned, there are numerous factors in determing what will happen to you in your situation. An experienced DUI attorney knows what to look for to minimize all potential punishment you might be facing. If "jail time" is warranted, an experience DUI attorney can get you something other than actual "Jail time". You should give one of us a call to assist you with this case. Good luck.

    William Daley
    San Diego DUI and Criminal Defense Attorney
    619-238-1905
    www.lawofficeofwilliamdaley.com

  5. Matthew Murillo

    Pro

    Contributor Level 19

    11

    Lawyers agree

    Answered . Depends on a variety of factors: we're there injuries? When was the first? Are you still on probation?

    Jail is always a possibility, but if you want an accurate answer, you should contact a local DUI Attorney. Discuss the details. That's the only way you are going to get an accurate answer.

    Any information provided through Avvo.com in response to a question is not, and cannot be considered a formation... more
  6. Michael Korry Bialys

    Contributor Level 13

    10

    Lawyers agree

    Answered . As my colleague said earlier there are several factors here.Were there any injuries were you still on probation for your first DUI, what was your BAC These are just a few factors that the ciurts will look at in establishing your penalties. This is a very serious and you need to consult with a lawyer.

  7. Scott J. Corwin

    Pro

    Contributor Level 18

    8

    Lawyers agree

    Answered . You should consider hiring local counsel to defend you and protect your rights.

  8. David Michael Boertje

    Pro

    Contributor Level 12

    3

    Lawyers agree

    Answered . If you get convicted of the second time DUI you will be required to complete 96 hours of jail time minimum. However, depending on which courthouse this is in, there are ways to avoid the jail time. Also, many other factors come into play, including your blood alcohol level, severity of the accident, length of time since your prior DUI, etc. Also, if anyone was injured in the accident, it will be filed as a felony DUI and you are looking at much harsher penalties and jail time. Many lawyers offer free consultations and you should speak to some regarding the specifics of your case.

    David M. Boertje, Esq.
    (619) 229-1870
    www.boertjelaw.com

    *Please note that this is not legal advice and in no way formed an attorney-client relationship*
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The definition, charges, and penalties for driving under the influence (DUI) vary by state and depend on a number of factors.

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A felony DUI is a much more serious offense than a misdemeanor DUI and it will carry steeper penalties in the event of conviction.

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