I recieved my second dui a few weeks ago. i blew a .34 and was taken in. They kept me 2 days and released me. I went to my first court apearance yesterday and was arrested. My bail was set at $7500. My charges are VC 23152 (A) and VC 23152 (B). My next apperarance is in less than a week for a pre trial and i am not sure if i will be appointed a lawyer or if i should get my own. I do not want to face jail time and am looking to move out of state asap. How easy will this be to transfer to Iowa? What Penalties am I looking at? My first DUI was in september 2007.
Criminal Defense Attorney
Given you're particular circunstances you need to get you're own.counsel.
I don't know how San Mateo handles DUIs, but those breath numbers raise a red flag. Usually people can only blow or bleed BACs into the .30s if 1) they are really, really, really intoxicated (eg, blacked out) or 2) there is a problem with either the breath machine or breath sample given. Hopefully some attorneys from San Mateo can shed some light.
Disclaimer: This was not legal advice, and in no way formed an attorney-client relationship.
San Mateo County is very harsh in terms of making you do their custody in their county. On a second time DUI a sentence of 30 to 60 days is very common. With that very high blood alcohol, you should probably expect something closer to sixty. You should put together as much money as you can to hire the best lawyer you can, because the second DUI with such a high blood alcohol will be taken very seriously by the prosecutor and by the judge. Keep in mind, there are very strong defenses to DUI cases if the facts line up. That's why you need the best lawyer you can fine. Best of luck.
With just the 2nd DUI you are looking at up to a year. If you have a suspened license or probation violation.... you are looking at more. Get a private lawyer, the PD can't help with the DMV.
Of course, every DUI case is different and you should consult an experienced DUI defense attorney in your area with questions regarding your specific case. It is always in your best interest to have a good DUI attorney represent you when you have been arrested for a DUI.
As I'm sure you've gathered by the other answers, you're facing up to a year on a second DUI. There is mandatory jail time, but most counties will want more time, especially with that high of a blood alcohol level.
You absolutely should get an attorney familiar with the system up there. They can assist with navigating the process with any legal or factual defenses available to you. In addition, they can do what they can regarding any punishment. If you're on informal probation as a result of this, it should not impact your ability to move, but you're going to have to satisfy the California DMV's requirements (either by doing the program here or doing an equivalent in Iowa) or you'll never get a license back.
The above answer is for general information only and is based on the information you posted. Every case is fact dependent, so to get a thorough analysis of your situation, you will need to consult face to face with an attorney licensed to practice in the jurisdiction where the incident took place. Do not conclusively rely on any information posted online when deciding what to do about your case.
You need to get a lawyer. Now.
You are facing substantial jail as well as other penalties. In addition, you should immediately look into getting some sort of treatment. A .34 reading, if accurate, indicates a very high alcohol level.
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