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Would I be eligible for alternatives to doing jail time if i got my 2nd DUI while still on probation for my first?

Hayward, CA |

I receieved my 2nd DUI this past weekend and I am terrified. I was still on probation for my 1st one which i received almost 4 years. I should of have been off probation but my probation was extended because a little over a year ago I was ticketed with driving on a suspended license. What is going to happen? I need help.

Attorney Answers 7


  1. One usually does not get less punishment by committing an offense while on probation, or a better deal when there are exacerbating circumstances, as you describe.

    The statutory minimum punishment on a second-time DUI is 96 hours in county jail. This second DUI will be considered a second violation of probation for your first DUI. I would expect more than 96 hours of county jail.

    A good thing to do now would be to hire a good attorney to fight the second DUI. Do not forget to contact the DMV within ten days of the arrest to reserve an admin per se hearing to try to keep your driving privileges. You may also want to start attending AA meetings every day and keep a record of the meetings attended.

    The key to your problem is defeating the second DUI. Good luck.


  2. Alternative custody should be available for you even though you are on
    probation


  3. You can try to get an alternative to jail, but a second violation of your probation will make that tough. You need a good lawyer. Hire one who can help you try to get what your seeking.


  4. You are going to be in violation of your probation and get a new case filed on you. Time to get an attorney.

    No legal advice is given here. My responses to questions on Avvo are never intended as legal advice and must NOT be relied upon as if they were legal advice. I give legal advice ONLY in the course of a formal attorney-client relationship. Exchange of information through Avvo's Questions & Answers forum does not establish an attorney-client relationship with me. That relationship is established only by joint execution of a written agreement for legal services. I am only licensed in the States of California and New York and the District of Columbia


  5. If you had not been on probation the standard punishment for a second offense within ten years would have been ten days on a work program. Unless there are other aggravating circumstances, you can probably still get away with no more than five or ten extra days on the work program. You should consult with an attorney because your case might be worth taking to jury trial or fighting with a suppression motion, which could result in no conviction and no additional jail time.


  6. It is possible to negotiate a sentence with alternatives to jail despite these facts. It doesn't help you any that you picked up a second DUI while on probation for the first one but a good attorney can do a lot of damage control. And, I hope you have requested your DMV administrative hearing within 10 days of getting your DUI. You should hire an attorney ASAP.

    This answer does not constitute legal advice and does not create an attorney-client relationship.


  7. Alternatives to jail are always a possibility. Jails are crowded and cost money. That creates a possibility of alternatives. Sometimes they come about, and sometimes they don't - but you're going to stand a better chance of staying out of custody with someone negotiating on your behalf.
    My colleague is correct though - deals don't often get better when the track record is one of recurring violations. You're going to need some inventive ideas in order to achieve jail times.
    That being said - don't give up. You'll never know until you try. Take advantage of some of the free consultations offered by qualified attorneys and get an idea of what the facts of your case could lead to. If nothing else you'll no longer be going through it completely blind.

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