Is it possible for me to avoid jail time on a 2nd DUI in CA with the help of an DUI attorney?

Asked about 2 years ago - Sacramento, CA

I recently got a 2nd DUI in a 2 year span. I have a full time job and cannot afford to be in jail. I would rather do other alternatives such as house arrest or community service.

Attorney answers (7)

  1. David Jon Pullman

    Contributor Level 19

    5

    Lawyers agree

    Answered . It is possible to avoid jail time if you can avoid the conviction for DUI. There are many potential defenses available in DUI cases, from issues surrounding the legality of the initial stop of the vehicle, the field sobriety tests, whether the blood alcohol level was rising or falling, whether the breath or blood tests were done properly, whether the equipment used was calibrated properly, etc. So, just because you were arrested for DUI, does not automatically mean you will be convicted. There is also the possibility of settling your case for a wet reckless, which would not involve jail time.

    When you get arrested for DUI, the first thing you must do is contact the DMV within ten days to preserve your right to a hearing to contest the suspension of your license. Second, you must hire a good DUI lawyer to represent you. Your attorney will get the police reports and thoroughly evaluate your case. You can discuss the facts of your case and all possible defenses and outcomes with your attorney. I handle DUI cases in Sacramento. Feel free to contact me to discuss your case. Good luck to you.

  2. Kevin Samuel Sullivan

    Pro

    Contributor Level 20

    3

    Lawyers agree

    Answered . You may be able to get swap
    Talk to a local DUI lawyer

  3. Elliot Rahmim Zarabi

    Pro

    Contributor Level 18

    3

    Lawyers agree

    Answered . Impossible, best case scenario is 96 hours in jail.

    Regards,

    Elliot Zarabi, Esq.

  4. Mark K Rosenfeld

    Contributor Level 14

    3

    Lawyers agree

    Answered . Yes...it is possible...hire a good local dui attorney

    Of course, every DUI case is different and you should consult an experienced DUI defense attorney in your area... more
  5. Gilberto Benito Vega

    Contributor Level 13

    1

    Lawyer agrees

    Answered . Attorney White is correct. There is usually a mandatory four day required holding at RCCC in Sacramento now. Owner, you also are looking at approximately 20 - 45 extra days in custody on any offernfornthe VOP since this offense is within three years. I also practice in Sacramento regularly and you are welcome to contact me for a free consultation. Good luck.

  6. Amber H Lunsford

    Contributor Level 12

    1

    Lawyer agrees

    Answered . It is impossible to tell, without a consultation, whether or not you may be able to avoid a conviction, yet this is where your decision should start. There are many potential defenses to a charge of DUI, whether it's your first, second, or fifth. Only an experienced attorney can determine which defense, if any, might be applicable to your case. It is worth the time to consult with one. Many, including myself, offer free initial consultations.

    I often see people jumping to plea with DUI charges, or rushing towards any solution that might not entail jail time, such as a wet and reckless. In some cases, pleas are a viable option but I urge you and everyone else in your situation, to consider the big picture as well as the immediate "no jail time" snapshot. A DUI (and even a wet) continues to affect your life for the next ten years. As you are aware, DUI's are priorable and the penalty increases with each one during that time. It may result in a DUI being charged as a felony. While a "wet and reckless" has a different name, and it seems no big deal (after all, there is no jail time, shorter classes, and a lesser fine) it is a DUI for the purposes of future problems. If you have DUI's on your record and someone is killed as a result of an accident you're in, and you are found to have a measurable amount of alcohol in your system, you may be charged with murder. So please, consider your decision carefully.

    In addition to the legal repercussions, as you probably know, a conviction for DUI can affect your ability to get and maintain auto insurance and employment. Many employers are reluctant to hire someone who has a DUI in their recent background, especially if the job would entail your driving a company vehicle because it increases their potential liability and their own auto insurance. So again, consider everything.

    With so many lawyers available for a free consultation, it ay be worth meeting with someone to consider all of your options before you rush to settle. You are worth investing in.

  7. Sarah Lynn White

    Contributor Level 13

    Answered . Yes an attorney may be able to help. A consultation is the only way any attorney can get enough details to give you an accurate assessment of your situation. I too practice in Sacramento, feel free to contact me.

    The information provided is not intended as legal advice and does not establish an attorney client relationship.... more
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