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2nd dui and the breath test machine said .12 but when i asked the cop he said it blew .08. Can i ask the court for something

Long Beach, CA |

This is my 2nd dui and the cop said i blew a .08 so that by the time he got me to jail that they should release me. I looked at the machine when i blew at the jail and it said .12 but when he sat me down he still said it was .08.
I was wondering what can I ask for to replace jail time if I am sentenced it and also what is the possiblity that they will detain me at court? Im out on OR right now?
I have 2 children at home and my husband works and i just lost myjob so Im also worried about pay anything cause I'm about to get kicked out of my apartment casue i lost my job.
I'll accept responsibilty but I really dont want to go to jail cause my husband wont know what to do AT ALL.

Im sorry maybe i didnt explain it right. When arrested he didnt mention what i blew he just mentioned that it wasnt high and that by the time he got me to station they should be able to release me cause I wasn't high. Got to the station and then he made me blow. I read .12 on the machine but right after he sat me down and i asked what did i blow and he said .08. It doens make sense to me. I have NO money for a lawyer and about to lose my apartment cause i got laid off. I know about the licensce. Im know I shouldnt have done it but due to circumstances I had no choice, belive me. My main concern is will they detain me there on the spot?????? Thank you for your help!

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Attorney answers 4


Los Angeles County is probably the most lenient county in the State of California when it comes to the prosecution of 2nd time DUIs. However, you definitely want to have an attorney with you when you go to court. Representing yourself is unwise, especially given the issues that are present in your case. First, you may have blown a .08 at the scene and when you got to the station, you may have blown a .12. That's a rising blood alcohol level, and that could prove to be a defense, or useful in negotiations, if you have an experienced attorney on your side negotiating for you. Second, you've indicated that you don't want to do either jail time or fines. That's impossible if you plead guilty to a second DUI. The minimum jail time for a 2nd DUI is 4 days. It is possible that, with a skilled attorney on your side, you might be able to do the minimum jail time and maybe be allowed to do that time as back-to-back weekends. As for fines, you may be able to convert your fines into Caltrans service. However, you really need to discuss your options with an attorney. You didn't even mention your driver's license. That may be because you aren't concerned with it, but a 2nd time DUI will lead to a 2-year license suspension and you can only get a restricted license after one year. I highly recommend that you consult and retain an experienced attorney. You may contact my office or the office of any experienced criminal defense attorney on this site.


If you have no income and cannot afford an attorney you should ask the judge to appoint the public defender to represent you. they will determine if you qualify for their services.

Judges are getting stricter with repeat DUI offenders. It may be halpful to go to AA meetings before you go to court. Take a attendance sheet and present it to the judge at your arraignment. this will often soften them and not cause them to take you into custody or to require you to post bail.

If you are convicted for a 2nd offense whether you will have to go to jail will depend on the court's policy. they will also consider when your prior DUI conviction was and if you are still on probation. Some courts will allow weekend work programs, electronic monitoring or work forlough.

Good luck!


I agree with the first two answers given. They will probably not detain you on the spot as you put it, especially if you have an attorney with you. Make sure to hire an experienced attorney. It makes a difference.

Good luck.


It sounds like you have a defense to your case. In my opinion, you should advise the court that you are impoverished and cannot afford a lawyer. You will probably be required to fill out a petition to determine whether you are unable to afford a lawyer. The court will appoint one for you if you are unable to afford one and you face the possibility (even the remote possibility) of jail time. You may not have been above the legal limit at the time that you were operating. You should at least review the officer's report and any video evidence of your condition if it exists.