Your boyfriend needs to contact a criminal defense attorney ASAP, preferably someone with experience in handling 2nd DUIs. One reason to contact an attorney immediately is because your boyfriend has only 10 days from the date of arrest to contact the DMV regarding a DMV hearing to preserve his driving privilege. This is especially important on a 2nd DUI, because your boyfriend faces a two-year license suspension if convicted of a 2nd DUI, and he is only eligible for a restricted license after one year of that suspension. The other main reason is that in many counties, a 2nd DUI requires significant jail time. You want an attorney that is experienced in negotiating (or fighting) these cases. You can find an attorney on this site, or you may contact my office for a referral to a great Riverside County criminal defense attorney. Good luck.
You need to get a DUI lawyer right away. Try www.dui-help.com, Michael Kennedy in Palm Springs or Don Bartell in Riverside.
Here's the penalties:
within 10 years
Attendance at 18-30 month alcohol/drug program, a fine of $390 to $1,000 plus substantial, mandatory penalty assessments, 96 hours to 1 year in jail, installation of ignition interlock (IID) device for up to 3 years, and 2 year license suspension, with a possible license restriction to and from work, during work and to and from DUI program after 1 year of suspension and completion of DUI program. However, your license shall be suspended if the offense occurred in a vehicle which requires a class 1, 2, A or B license.
MINIMUM AND MAXIMUM SENTENCES WITHOUT PROBATION
90 days to 1 year in jail, $390 to $1,000 fine plus substantial, mandatory penalty assessments, IID up to 3 years, and 2 year license suspension.
WITH OR WITHOUT PROBATION
May impound vehicle for 6 months.
Up to 3 years ignition interlock device (IID), and Additional Jail if Child Passenger, if 30 mph over speed limit on freeway or if 20 mph over speed limit on other roads, if Refusal of chemical test, or if .15% BAC or more.
In order to assure that all of the issues that arise from this arrest are addressed, contact an attorney immediately. Your boyfriend should have received a pink "Administrative Per Se" form which outlines the DMV portion of the arrest. He must contact the DMV and request a hearing within 10 days of receiveing this notice. An attorney can best advise what kind of hearing should be requested and which office the request for hearing should be sent to. Michael Kennedy, an attorney in Palm Springs, or Don Bartell, in Riverside are both good choices. Do not hesitate to contact someone to help you.
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