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Asked over 1 year ago - Miami, FL

ok its a second dui the first one was in 2007 he did his time and classes and paid off his fines then in 2010 they said it was a dui but his bac was a .02 failer to maintain lane the offericer was going to let him go if some one would of came and got him but sence no one did they took him in license was not tooken or nothing and the public defender showed me all his paper work and thats what was listed 3 yrs in jail 3yrs probation and the fines and classes but he was not impaired he function just fine its a small county and they want money can any one help me

Attorney answers (3)

  1. Kevin Jeffrey Pitts

    Contributor Level 13

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    Answered . Something doesn't add up. A normal offer I would expect for a second DUI would be 10 days jail and the balance of a year for probation. 3 months jail followed by 3 months probation would be harsh but not shocking or unheard of. A 5 year drivers license suspension also would be possible on a second DUI. Having a BAC of .02 would give him a presumption of sobriety (anything less than .05%) unless drugs (illegal or prescription) are an issue in the case. I would recommend that he either talk to an attorney or sit down with his public defender and find out more information.

  2. William David Umansky

    Pro

    Contributor Level 19

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    Answered . I am sorry but your question is rambling and confusing. perhaps it is best if you call someone local (a dui lawyer) to see if they can answer your question over the phone.

    Please be advised that answering your questions does not establish an attorney-client relationship with myself or... more
  3. Jonathan Burton Blecher

    Pro

    Contributor Level 17

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    Answered . It would be best if you met face to face with an attorney to discuss these matters. The facts are a bit confusing as you relate them.

    Good Luck!

    Every case and situation is different and vary greatly depending on specific facts. My posts are not to be... more

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