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I received my 2nd DUI late sept 09. Can I reduce jail time or possibly get community service instead of jail time?

Fullerton, CA |

I received my first DUI in april 06. I have finished all classes and everything else with the first DUI. I'm not even on informal probation anymore. I just recieved my second dui late sept 09. BAC was .21. My court date was on Friday Oct 30th in which I was detained. I am out on bail and am scheduled to go to court this friday, Nov 6th. They want to give me 60 days at OCJ. Is there any possible way of getting out of jail time? I have no other criminal charges other than the 2 dui's.

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Attorney answers 3


It just depends on the facts of your case, the judge, how your case is presented to the court and what the judge is willing to allow you to do. There are some judges that are more open to programs, rehab and alternative sentencing schemes than others. I have seen cases get rehab instead of jail, house arrest or a variant of the two.

Since you've been to court already and have a plea offer of 60 days (a typical offer from the DA in Orange County on a second time DUI), I assume you have an attorney? If so, you should be discussing these options with them. If you went and represented yourself and got the initial offer from the DA, you can either accept it, get an attorney or (if you qualify) apply for the public defender.


60 days is excessively high for a 2nd dui. The court has to impose 96 hours although some courts impose up to 30. There may be other facts in your case which make the offer so high. At any rate I wouldn't plead to 60 days myself. I'd hire a lawyer and make them prove their case first.


The most important thing for you to do, is to consult with a DUI specialist in your area to assist you in resolving your case. There are alternatives available to jail in many jurisdictions that include, electornic monitoring and residential alcohol treatment. However, only an attorney who handles DUI cases in the Fullerton area can confirm which, if any alternative is available. You can go to the Calfornia DUI Lawyers Association webstie to find a DUI specialist in Fullerton.