Scared i will go to jail for my 2nd dui, blew a .16%

Asked over 1 year ago - Beverly Hills, CA

my first dui was in 2011 and had a wet and wreckless dui blew a .07% , had probation for only 9 month's, finished community service and most of my classes. i just need to pay a fine for my first one and finish 3 more classes. if i do found guilty how many days can i get in jail for violating my probation? my court date is in a month and im scared.. will i be taken into custody right away? or will they give me time thank you

Attorney answers (6)

  1. Elliot Rahmim Zarabi

    Pro

    Contributor Level 18

    7

    Lawyers agree

    Answered . On a 2nd DUI there is a mandatory minimum of 4 days. Depending on how much time you did when you were arrested, there is a possibility of no additional time. However, if you're on probation and you're in department 2 of Beverly Hills court, there is a possibility of much more jail time. You should definitely consult with an attorney. I don't know why you're plead to a .07 as a wet? You should definitely speak to an attorney and at least get a 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
  2. Matthew Murillo

    Pro

    Contributor Level 18

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    Answered . find a local attorney and discuss case details with them, in person not on a public forum like this. then they can answer your question better than anyone here.

    Any information provided through Avvo.com in response to a question is not, and cannot be considered a formation... more
  3. Richard Franklin Taub

    Pro

    Contributor Level 14

    4

    Lawyers agree

    Answered . It sounds as if you violated your wet reckless probation with the new DUI that has a moderately high breath reading (though not a required enhancement). Retain counsel to represent you on the VOP (if so) and the new DUI together to get the best possible outcome. You never know, you could beat the new and your lack of training would prevent you from swing the issue with the prosecution's case. www.taubcriminaldefense.com

    The information provided herein does not create an attorney-client relationship. The information provided is to... more
  4. Michael Jon Fremont

    Pro

    Contributor Level 17

    4

    Lawyers agree

    Answered . now you know to defend on the 07 prior. jail is probably a short weekend or
    alternatives. hire dui attorney in youf area
    >

  5. Brian Russell Michaels

    Pro

    Contributor Level 16

    3

    Lawyers agree

    Answered . Also mystified why you plead to anything. If you are .07 its an almost defacto win or dismissal. That said, your probation is your biggest problem. If your case is in LA County and you have a competent LA attorney handle this your chances of actual jail are probably nil if you do it right this time around. If you would like a free consult feel free to give a ring.

    Brian Michaels
    Los Angeles Criminal Defense Attorney
    www.socalcrimdefense.com
    3109919179

  6. Mark Lawrence Deniz

    Pro

    Contributor Level 15

    1

    Lawyer agrees

    Answered . Good question.
    I know this is a scary time for you. First off, speak to your attorney to get some relief.

    In 2011 you got a good deal because your case was so good. The prosecutor wanted that prior on you for exactly this reason. The 2nd time DUI comes with enhancer penalties.
    First off you have to find out if you are actually on probation or not on the night of the 2nd DUI arrest. If so, then a prosecutor can ask for up to 180 days (they weill not get it). A judge COULD give that to you (but unlikely).

    As for going to your arraignment... an overzealous prosecutor may ask to increase the bail (if your bail was 1s t time DUI) and remand. Your attorney should have an argument ready. It is rare, but it happens.
    Good luck

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