What can I do to lessen the punishment for my 2nd DUI?

Asked over 1 year ago - Ventura, CA

I was arrested by CHP a few days ago at 3:30am for my second DUI offense. My first offense was 3 months prior. I was pulled over for swerving and I refused to take an on site breathalyzer. I was taken down to the station where I blew a .13 twice and I was arrested and spent 24 hours in jail.
Since that night I've moved back home with my parents in Orange County. I'm unemployed at the moment, but I've been making efforts to show the court the remorse I feel for committing my second offense by volunteering at a local youth community center. Also I've been attending AA meetings for the past two months and I've been sober 60 days and I have the chip to prove it. I'm currently enrolled in college and can't afford miss any days.
Is there anything I can do to lessen my punishment and avoid jail?

Attorney answers (4)

  1. Joseph Briscoe Dane

    Pro

    Contributor Level 20

    3

    Lawyers agree

    Answered . Not to just echo what the other answers said, but picking up a second case within 3 months of the first is going to raise red flags for the DA and court. You've done the best thing you can do right away and started AA meetings... but I'm confused. You have a 60 day chip, but you were just arrested a few days ago and blew a .13? Or was it that you were sober 60 days and slipped when you got arrested? Either way - continuing the AA meetings (at a bare minimum) and potentially rehab may be part of your attorney's pitch to keep you out of jail for both the new offense and the probation violation that is surely to be lodged against you.

    The above answer is for general information only and is based on the information you posted. Every case is fact... more
  2. Matthew Murillo

    Pro

    Contributor Level 18

    2

    Lawyers agree

    Answered . Find a way to hire a DUI lawyer. With that BAC level, the DA WILL file a DUI case against you and the only way to get the fines and penalties reduced will be to get an attorney - especially since you are likely currently on probation and will be facing a Probation Violation as well.

    In addition, you need to contact the DMV IMMEDIATELY (within 10 days from arrest) to request a DMV hearing. Otherwise, your license will be suspended for 1 year (at least).

    visit the CA DUI Lawyers association website and contact some local attorneys to discuss the details of your case. Investigation will be necessary to start building up your case. The fact that it was a CHP arrest will help since they usually have audio and video available via subpoena.

    Any information provided through Avvo.com in response to a question is not, and cannot be considered a formation... more
  3. Nicholas Maurice Rosenberg

    Contributor Level 14

    2

    Lawyers agree

    Answered . You should be aware that Ventura County is known throughout the state as having the toughest policy on DUIs. I strongly recommend consulting with an attorney who has practiced in Ventura County and is familiar with their offers, and jury pool. Your efforts may or may not reduce any offers, but having your case evaluated by a qualified attorney is your best bet.
    www.losangelesdefenders.com

  4. Brian Russell Michaels

    Pro

    Contributor Level 16

    1

    Lawyer agrees

    Answered . You definitely have to have counsel. Ventura County is very rough on 2nd time DUI's. Continuing to go to AA is your best bet but Ventura often requires a substantial clip of jail on a 2nd time. So be prepared to fight and find someone who has trial experience. Happy to help.

    Brian Michaels
    www.socalcrimdefense,com
    3109919179

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