I was arrested for a 2nd dui while still on probation for the first. I refused all tests.

Asked over 1 year ago - North Hollywood, CA

It happened in Burbank. My court date is at Burbank court. Am I facing mandatory jail time? If so,will I have to serve my time at LA county,or will I have a choice? Are there any possibility that I can beat this case since I refused? Thank you

Attorney answers (10)

  1. Michael Korry Bialys

    Contributor Level 13

    5

    Lawyers agree

    Answered . this is a very serious case you could be looking at 283 year license revocation for violating your probation getting a second DUI and refusing in addition to jail it is really really important that you contact directly to figure out if there's any defense is in this case

  2. Elliot Rahmim Zarabi

    Pro

    Contributor Level 18

    5

    Lawyers agree

    Answered . You are definitely facing some major issues and here they are.

    (1) You cannot refuse a field sobriety test in the field, if you are on probation. This is one probation violation.
    (2) You cannot refuse a blood test/breath test period. So, this is a probation violation AND a new case.

    Now you have to fight your new case , which has a mandatory minimum jail sentence of 4 days if probation is granted. But don't think that, if convicted, you will walk away with only 4 days. Both the DA and the Judge will want to stick it to you. So, you are going to want to fight this and attack this as best as possible.

    Talk to a defense attorney regarding your case. Most give free consultation.

    Elliot Zarabi
    www.TipsyLaw.com
    213-612-7720

    Elliot Zarabi www.FreeCriminalConsultation.com 213-612-7720 This answer does not constitute full legal advise. I... more
  3. Michael Jon Fremont

    Pro

    Contributor Level 17

    5

    Lawyers agree

    Answered . the best advice i can give you is to consult a duj attorney. now now b
    now. a lot of variables on custody and lucense suspension that may apply to
    your specific case. also it may be defensable
    >

  4. Mark K Rosenfeld

    Contributor Level 15

    4

    Lawyers agree

    Answered . The Burbank City Prosecutor is not going to treat you well or respect your rights. You will need to fight and fight hard. The Burbank police department has a problem loosing evidence that may be helpful to you. You need to get a good DUI defense lawyer and get them quick. Look to the California DUI Lawyers Association for help finding a skilled attorney to help with the court and DMV.

    Of course, every DUI case is different and you should consult an experienced DUI defense attorney in your area... more
  5. Neil James Fraser

    Contributor Level 15

    4

    Lawyers agree

    Answered . You have big problems with the refusal, which raises a presumption you were DUI. Obviously your prior doesn't help and the new case will be alleged as a second DUI. Are the two cases in the same courthouse?

    I don't know what the status of your license was prior to the new stop but, regardless, you should call the DMV and request a hearing on the new matter. This must be done within 10 days of the new DUI stop or you will lose your right to contest the DMV action.

    All in all, you need representation, which myself or any other attorney of your choice on here, can offer you. I would be happy to talk to you for free to discuss your options and, at that time, can give you a fee quote should you decide you wish to retain me. I can be reached at 213-324-4206.

  6. Manny Daskal

    Contributor Level 13

    4

    Lawyers agree

    Answered . Yep, big mess. Need an experienced DUI attorney. You violated probation for criminal part of case. a 2nd carries jail time as does a refusal. DMV side 1 year loss of license without restriction for DUI while on probation. there is more but you really need to talk to an attorney and you also need to request a DMV Hearing within 10 days of arrest.

  7. Neil James Fraser

    Contributor Level 15

    3

    Lawyers agree

    Answered . You have big problems with the refusal, which raises a presumption you were DUI. Obviously your prior doesn't help and the new case will be alleged as a second DUI. Are the two cases in the same courthouse?

    I don't know what the status of your license was prior to the new stop but, regardless, you should call the DMV and request a hearing on the new matter. This must be done within 10 days of the new DUI stop or you will lose your right to contest the DMV action.

    All in all, you need representation, which myself or any other attorney of your choice on here, can offer you. I would be happy to talk to you for free to discuss your options and, at that time, can give you a fee quote should you decide you wish to retain me. I can be reached at 213-324-4206.

  8. Edgar J. Reynoso

    Pro

    Contributor Level 12

    3

    Lawyers agree

    Answered . You're facing serious penalties, which include jail time. You need to speak to a dedicated dui defense lawyer in order to review your specific case. Each dui case has different defenses available to minimize or avoid the looming charges.

  9. Michael Kevin Cernyar

    Pro

    Contributor Level 20

    2

    Lawyers agree

    Answered . Mr. Rosenfeld hit it right on the head. Burbank is a tough courthouse and they will trample on your rights. I see it everytime someone I'm in that courthouse and some poor defendant decided to represent themselves. Lawyer up is the best advice you can receive here.

    www.dui-lawyer-long-beach.com
    (800) 409-7010

    The response above is not intended as legal advice since it’s impracticable to provide thorough, accurate advice... more
  10. Donald Gray Drewry

    Pro

    Contributor Level 12

    1

    Lawyer agrees

    Answered . You may be able to beat the present DUI, but you were required as a condition of probation to take a chemical test if stopped for another DUI while on probation, and you were told not to drive without being licensed and insured as a condition of probation. So, even if you beat the new DUI, you face a probation where the court can give you the balance of your 6 month sentence from the first DUI, and face a new charge of driving on the suspended license that carries up to 6 months in the county jail. So, even if you beat the 2nd DUI, you still face these other problems. Someone like Don Bartell is the lawyer you need in your area.

Can't find what you're looking for? Ask a Lawyer

Get free answers from experienced attorneys.

 

Ask now

28,434 answers this week

3,121 attorneys answering

Ask a Lawyer

Get answers from top-rated lawyers.

  • It's FREE
  • It's easy
  • It's anonymous

28,434 answers this week

3,121 attorneys answering