Friend was arrested for DUI last night. 1st dui nearly 20years ago and 2nd dui less than 10 years ago. Will he be released on his own? What can he expect as far as penalties are concerned? Thank You
The answer depends on various factors. What was the alleged BAC? Were there any aggravating factors in this alleged DUI such as a Traffic Collision? How long ago was the prior DUI that was within the 10 year period? What does his criminal record look like other than the prior DUI's? Which Court is is case out of? The list goes on. But as the answer above states, the mandatory minimum jail time for a second DUI conviction within 10 years is 96 hours. The fines and fees can be a few thousand dollars when adding everythnig up. Community Labor/Cal Trans is an additional possiblity. An 18 month Drinking Driver program (SB 38) will be required if he is convicted of his second DUI offense. An IID installation requirement...
Needless to say, your friend should consult with and hire an attorney to represent him in this matter.
Since this will be his 2nd DUI within 10 years, then he's facing a minimum of 96 hours of county jail. As stated already, there are a multitude of other factors that could increase the penalties beyond that, so the facts are important. Furthermore, when faced with the 96 hours of county jail, some of our clients prefer to go for county jail alternatives such as private jail. There is some flexibility in matters such as these that can be worked on.
If the first DUI was over 10 years ago, as seems to be the case here, then the current one will only be charged as a 2nd offense (even though technically it will be his 3rd DUI). That being said, 2nd offense DUI's are still serious. Also, the fact that your friend had a 3rd DUI (although outside the statutory period for being priorable), will likely be used against your friend when negotiating a plea bargain with the prosecutor. Your friend should speak to an attorney about the case in more detail to give a more specific assessment. Feel free to contact me at 818-336-1384 if you want to discuss in further detail.
Get free answers from experienced attorneys.
25,176 answers this week
2,663 attorneys answering
Don't speak legalese? We define thousands of terms in plain English.Browse our legal dictionary