Home > Legal > Research Legal Advice > DUI / DWI > Will this be cosidered a second dui? or is this just a fine
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Attorney answers (4)
Mr. Robinson is DEAD WRONG again; it is time he take his BS elsewhere.
VC 23140 applies to drivers under 21 and prohibits them from driving with a BAC of .05 or over. If you are under 21, I don't know why your first was a straight DUI and your second DUI under 21 but either way the 2nd is your second (provided the first happened w/i the last ten years which seems likely).
VC 23140 applies to drivers under 21 and prohibits them from driving with a BAC of .05 or over. If you are under 21, I don't know why your first was a straight DUI and your second DUI under 21 but either way the 2nd is your second (provided the first happened w/i the last ten years which seems likely).
The second event is for a driver under 21 and a BAC of over .05-How could your first event be a straight DUI? Anyway,yes, the second event is a "second DUI".
If you were given a ticket for VC 23140(a), an infraction, that is not VC 23152 a/b and therefore is not a DUI. VC 23140 carries a fine and other possible penalties. If you are on probation out of Murrieta court, you will need a good attorney for a) this new ticket, b) the time-sensitive DMV hearing arising out of this incident and possibly c) the probation violation. Try Don Bartell in Riverside at 951/788-2230 or www.dui-help.com.
Whether this will be considered a second DUI or not will depend upon whether you blew a high enough reading for them to charge you with DUI. If you were over a .08, then they will charge you and if not, they won't.
Speak to a local lawyer immediately.
Good luck.
Speak to a local lawyer immediately.
Good luck.
