What are the minimum and maximum penalties for a second offence driving with a suspended licence due to a dui?

inital dui bac was .14% been up to date with all fines. took dui class. licence was re-supended after 1st offence, again up to date with paying fines. already did 6 days community service for 1st offence.

Vallejo, CA -

Attorney Answers (2)

Elliot Rahmim Zarabi

Elliot Rahmim Zarabi

DUI / DWI Attorney - Los Angeles, CA
Answered

It sounds like you may have a probation violation as well. Not withstanding your probation violation, driving on a suspended licenses a second time within 12 months carries a minimum of 30 days in jail. That is if you are being charged with 14601.3(e)(1).

But, you are probably also on probation for your DUI and usually a term of probation for DUI's is not driving with a suspended license.

I would definitely need more information in order to give you a more correct analysis of the situation.

Please feel free to contact me with any questions you may have.

Elliot Zarabi
213-612-7720
www.zarabilaw.com

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Robert Lee Hamilton

Robert Lee Hamilton

DUI / DWI Attorney - Redding, CA
Answered

This is an amazingly broad question upon which books have and could be written - it does not cover every possibility in California on this issue.

Maximum sentence on a First Offense DUI is 6 months in jail (assuming not on probation and no injuries). See Cal. Veh. C. § 23536
If you agree to accept probation, then there are a wide variety of probation terms and conditions that the court can impose depending on the level of your BAC and other factors. See Cal. Veh. C. § 23538

Maximum sentence on a Second Offense DUI is 1 year in jail (assuming not on probation and no injuries). See Cal. Veh. C. § 23540
If you agree to accept probation, then there are a wide variety of probation terms and conditions that the court can impose depending on the level of your BAC and other factors (such as 10 or more days in jail, IID in your vehicle, 18 month DUI alcohol programs, AA classes, VIP program, SR-22 filing, alcohol terms, search and seizure for alcohol, community service, etc.). See Cal. Veh. C. § 23542

Maximum sentence on a First Offense Driving on a Suspended License is 6 months (assuming not on probation and no injuries), fines up to $1,000.00 and vehicle may be impounded. See Cal. Veh. C. § 14601(b)(1)
If you agree to accept probation, then there are a wide variety of probation terms and conditions that the court can impose.

Maximum sentence on a Second Offense Driving on a Suspended License is 1 year in jail (assuming not on probation, no injuries and it occurred within 5 year of the first offense), fines up to $2,000.00, IID for 3 years (with some exceptions) and vehicle may be impounded. See Cal. Veh. C. § 14601(b)(2) and (c).

If on probation, then you are also looking at a probation violation. You are also looking at DMV consequences that include points against your driving record.


Disclaimer: This response does not constitute an attorney-client relationship and the material contained in this response does not constitute legal advice. The information provided is for educational and informational purposes only.

Robert Lee Hamilton, Esq.
www.LegalSaint.com
(530) 222-1115.

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