Second dui blew .34 what are the max penalties in san mateo county?

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.

Redwood City, CA -

Attorney Answers (6)

James E Dunn

James E Dunn

DUI / DWI Attorney - Redwood City, CA
Answered

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.

Eric Paul Ganci

Eric Paul Ganci

DUI / DWI Attorney - San Diego, CA
Answered

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.
Michael Korry Bialys

Michael Korry Bialys

Criminal Defense Attorney - Newbury Park, CA
Answered

Given you're particular circunstances you need to get you're own.counsel.

Mark K Rosenfeld

Mark K Rosenfeld

DUI / DWI Attorney - Beverly Hills, CA
Answered

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... more
Joseph Briscoe Dane

Joseph Briscoe Dane

Criminal Defense Attorney - Tustin, CA
Answered

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... more
Charles K. Kenyon Jr.

Charles K. Kenyon Jr.

DUI / DWI Attorney - Madison, WI
Answered

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.



If any answer on AVVO helps you, mine or someone else’s, please mark it as "helpful" or "best answer" to help AVVO know which answers to show others.
Thank you.

--- Experienced DUI/DWI/OWI/Drunk Driving Lawyer in Madison, Wisconsin
http://addbalance.com/drunk_driving_lawyer.htm

--- Facebook Page Madison (Dane County) Wisconsin Drunk Driving / OWI / DWI / DUI Lawyer
http://www.facebook.com/MadisonWiDrunkDrivingLa...

--- Field sobriety "tests" – Madison (Dane County) Wisconsin DUI / DWI / OWI / Drunk Driving lawyer
http://addbalance.com/fieldsobrietytests.htm

--- Drugged Driving/DUI/DWI/Drunk Driving with Prescription Drugs – Madison (Dane County) Wisconsin
http://addbalance.com/duidrugs.htm

--- Which Offenses Count as Priors in Wisconsin? - Madison Dane County Wisconsin DUI OWI Drunk Driving Lawyer answers
http://addbalance.com/duimath.htm

--- Ten Days to Save Your License - Administrative Suspension and Refusals in Madison (Dane County) Wisconsin
http://addbalance.com/duitendaywarning.htm

DISCLAIMER:

Confidential information should not be disclosed in this Internet forum.

I am an experienced Wisconsin drunk driving (DUI/OWI/DWI) defense lawyer practicing in Madison (Dane County) Wisconsin. The laws in each jurisdiction can be very different. I cannot give legal advice over the Internet nor can I establish an attorney client relationship with you.

If something I say disagrees with what your own lawyer is telling you, you should rely on your lawyer who is familiar with you, your entire case, the local courts and practices.

To deal with a legal problem, nothing is better than to consult with a lawyer who will give you some time and advice. If you cannot afford an attorney, there should be agencies in your area that can provide discounted, or even free, legal services.

This AVVO Answer is provided for general educational purposes only.

See “more” link below for more important information about this answer and AVVO.

Confidential information should not be disclosed in this Internet forum. Click on the "More..." link for... more

Related Advice

Questions? An attorney can help.

Ask a Question
Free & anonymous.
Find a Lawyer
Free. No commitment.