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I was arrested for a 2nd DUI while on probation for my first. I blew a .07. Will I be facing considerable jail time?

Long Beach, CA |

I made the mistake of thinking I was alright. I had not drank in several hours and thought I was safe to drive. I was pulled over for swerving although I felt that this was not the case. However, I ended up in jail for a day and facing a 2nd DUI charge. Will there be additional jail time and will hiring an experience DUI attorney be of any value for my situation? I have been attending AA meetings since the arrest and I hope to get my act together and keep my job.

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Attorney answers 6

Posted

Hiring a DUI lawyer can always help. Especially if you feel the stop was unjustified. Often, police officers have dashboard video available for officer safety. However, this is often also used by DUI attorneys to look further into the reason for contract an to verify (or not) the details indicated on the officers report. Sometimes, this helps show credibility concerns.

As for te BAC, the fact that you were user .08 will help. But the fact that you were on probation hurts. Make a few phone calls and speak to a couple DUI attorneys. Go over the details and see what they tell you. If you can, I would suggest hiring one.

Also, don't forget to request a DMV hearing within 10 days of the arrest. Otherwise, the DMV could automatically suspend your license without a hearing, and regardless of the outcome in court. A "standard" DUI carries a DMV-only suspension of 1 year with no ability to get a restricted license. If convicted of the second, suspension becomes 2 years, but you can get a restricted license.

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.

Posted

You should absolutely consult an attorney about your case before going to court for this. This is a very serious situation. I always suggest to people that they meet with a few attorneys and choose the one the person feels most comfortable with. Most attorneys, including myself, offer free initial consultations. Ideally you want an attorney who is familiar with the court where your case is being handled. If you cannot afford a private attorney (and you will not know that until you meet with a few), then request a public defender at your first court date. But do NOT try to handle this case by yourself.

Michel & Associates, PC
(562) 216-4444

All my comments here are intended for general legal purposes. None of my comments here establish an attorney-client relationship with anyone. None of my comments should be relied on in taking legal action without first consulting an attorney.

Posted

You need an attorney! Your second DUI comes with substantial penalties with both DMV and Court.
This can be dealt with. Get an attorney you can talk to and is knowledgeable.

Andrew Roberts
(818) 597-0633

Posted

and experienced attorney may well be able to get you out of jail time given the fact that he stated in here you really need to consult with experience DUI lawyer

Posted

I'm in Connecticut so I'll tell whoecvr reads this what can happen here under these circumstances. First .07 is not enough for a prima facie case. The Breath testing quipment measures alcohol by volume. the law requires .08 BY WEIGHT. That conversion will lower your level even more. You are not guilty, get a lawyer. I have a case pending where the actual breath test is below .08. He has not dropped the charges (yet). His contention is that he has convicted perople just on an officers testimony, your weaving for example. But he concedes in all THOSE cases there was NO TEST at all, not breath, urine, blood. Where there is a test, as here, the state has the burden to PROVE that you at the actual time of driving were over .08. They try to do this by interpolating from the time of the test back to the time you were driving using STANDARD calculations of what an AVERAGE person can metabolize over time. No person is actually average and here are great discrepancies in this that a good DUI lawyer can tear apart. good luck.

Joseph B Barnes III

Joseph B Barnes III

Posted

The "He" and "they" I am referring to is the state prosecution.

Posted

If you have not done so already YES you must hire an experienced DUI attorney. First, if you are on probation you are already somewhat at the mercy of the court unless we can find a defense to the stop. You would have had a no alcohol condition on your first time probation so you would be in violation at a .01 so that time is available to come down on you.

Next, is the 2nd DUI which carries up to another year in jail. The fact you were a .07 means the DA will either not file it at all and just go on the probation violation or they will possibly also file one count of DUI. Long Beach is a tough courthouse but with the right attorney you can likely get out of this with little or no jail.

19 years of DUI experience as a prosecutor and defense attorney and I can tell you be proactive. You do need counsel. If I can provide any additional information give me a ring.

Brian Michaels
www.socalcrimdefense.com
3109919179

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