What if a DUI convicted still drives and being caught by a police?

Asked about 1 year ago - Thousand Oaks, CA

Hi,

In September 2012, my boyfriend was arrested for the second time because of drink and drive, and his case is still in process. He had another DUI conviction about 7 years ago. The thing that worries me is that he still drives, and sometimes drinks and drives, although he is not allowed to.

Would you please let me know what would happen if he is being caught by the police while he is driving?

Thanks.

Attorney answers (7)

  1. Joshua Kaizuka

    Contributor Level 15

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    Answered . I agree with my colleagues, but would add that if he gets arrested for a 3rd DUI within 10 years, there is a minimum of 120 days of jail time, as others have opined vehicle impound, due to the DUI in September of 2012, if he was convicted, has a probation condition to not drive without a valid license, no measurable amount of alcohol (meaning even .01 BAC), along with other basic terms such as enrolling in an 18 month SB38 DUI class, and obtaining a SR22. Some DA offices will try to get the judge to impose a 10 year suspension of an individual's privilege to drive. A fourth DUI within 10 years can and will likely result in a filing of a felony charge where the individual could be incarcerated for up to 3 years in custody. If that individual is DUI and there is an accident where someone is injured, it could result in a felony strike charge. If someone is killed, a murder charged regardless of whether the DUI occurred within 10 years, even if the accident is not the individual's fault since cops and DA's will always assume that a DUI driver was at fault! Just not a good idea to drink and drive period. Especially after having a conviction for a DUI regardless of how long ago it was. Time for a designated driver or stop drinking and driving!

  2. Nicholas Maurice Rosenberg

    Pro

    Contributor Level 14

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    Answered . He could face jail time especially in Ventura County and the vehicle could be impounded as indicated.
    www.losangelesdefenders.com

  3. Michael Jon Fremont

    Pro

    Contributor Level 17

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    Answered . Not only can your boyfriend be arrested for another DUI in violation of
    probation the car can be impounded for 30 days

  4. David Glenn Ridings

    Contributor Level 6

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    Answered . This is really a shame. So sorry you are going through it. Bottom line is this... he will very likely go to jail. No question about it. Not to mention, the possibility he could hurt or kill someone drinking and driving. Sounds like someone has a problem. But, it's really common sense... Anyone that is on bond, and continues to offend, is a ticking time-bomb. How about you just you not be around when it goes off...

    The answers provided on this site, and on our websites, are for educational purposes only. Since every case is... more
  5. Anthony David Scott

    Contributor Level 11

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    Answered . If he is not currently licensed he is subject to arrest and his car being impounded.

    IF he is stopped and is arrested for DUI, again, he can be held on a high bail on the 3rd arrest . He would be in violation of his release on his pending case which could cause the court to revoke his current bail or cause him to post a high bail on the pending matter.

    Regardless of either scenario your boyfriend needs proper counsel to set a better course for himself and get his current case resolved. luck.

  6. Jarrod Matthew Wilfert

    Contributor Level 5

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    Answered . I understand and am sorry for your predicament.
    Legally, there are several issues here. With regards to DUI convictions, his second time DUI arrest (if he is found guilty or enters a plea of guilty) will be punished substantially more severely than his first DUI conviction. WHEN (and it is a when) he is arrested for his third DUI, the penalties will be exponentially more severe than his second.
    I think the idea here is that we as a society recognize that Driving under the Influence is extremely dangerous but that we also recognize that mistakes are made. In Ventura County, the Court may let an individual off with minor penalties for the first DUI but when someone demonstrates a disregard for the safety of those around them by continuing to put themselves and others at risk.
    If he is caught driving while under the influence again, he faces severe penalties. The reality is that your boyfriend very likely has a drinking issue that will impact his ability to function in society. He is going to do whatever he is going to do despite what attorneys and judges and you tell him. Please do not put yourself in a position to be injured or hurt because of his problems with alcohol.

  7. Christopher Patrick Welch

    Pro

    Contributor Level 5

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    Answered . This is extraordinarily dangerous for him to do in Ventura County. Ventura County is one of, if not the most, strict jurisdiction in the county with DUI/ driving on a suspended license cases. First, its a violation of his probation to drive without a license. That in and of itself has the ability to have him violated and resentenced up to the maximum on the original dui charge. That rarely happens, but there will be some punishment. More concerning, driving on a suspended license in and of itself is a new misdemeanor offense, and it carries a 10 day in the county jail minimum. If he has alcohol in his system that is another basis for a violation. In Ventura, on his second dui, during the probation of the first, the minimum sentence is 45 days in the county jail. This can get worse. I strongly advice you caution your boyfriend on what he is setting himself up for.

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