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Got my 2nd dui

Santa Clarita, CA |

had my 2nd dui last night my first dui was november 2011, what will happen to me. for my second dui i blew a 0.8 im worried i will get jail time how do i avoid it. is there any other alternatives besides jail time? such as house arrest.

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Attorney answers 3


With a .08 you need to hire a competent DUI attorney. There is a mandatory minimum of 96 hours custody on a 2nd DUI. However on a .08 there is tremendous potential you don't get a DUI. That being said the probation violation may be enough to give you some custody. There are alternatives to custody in many counties. Contact a local DUI attorney for more specific answers.


You have lots of options. Before you start booking yourself a cell in County Jail consider the fact that a .08 is a very defensible case and if you have the ability to hire counsel there is no reason you should do any jail at all on this case. In fact, unless there is something truly aggravating, this case can actually be beaten. If I can answer any questions give a call.

Brian Michaels
Southern California DUI Lawyer


Yes, there are alternatives to jail time, but you're getting ahead of yourself. First thing you need to do is to call DMV and request a hearing. You are also almost certainly dealing with a probation violation at court and with DMV. If you blew a .08, you may be attack the allegation that your alcohol level was at or above a .08% at the time of driving. I highly recommend consulting with a DUI attorney. Good luck.

Jasen Nielsen

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