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Miami, FL |

ok its a second dui the first one was in 2007 he did his time and classes and paid off his fines then in 2010 they said it was a dui but his bac was a .02 failer to maintain lane the offericer was going to let him go if some one would of came and got him but sence no one did they took him in license was not tooken or nothing and the public defender showed me all his paper work and thats what was listed 3 yrs in jail 3yrs probation and the fines and classes but he was not impaired he function just fine its a small county and they want money can any one help me

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Best Answer

Something doesn't add up. A normal offer I would expect for a second DUI would be 10 days jail and the balance of a year for probation. 3 months jail followed by 3 months probation would be harsh but not shocking or unheard of. A 5 year drivers license suspension also would be possible on a second DUI. Having a BAC of .02 would give him a presumption of sobriety (anything less than .05%) unless drugs (illegal or prescription) are an issue in the case. I would recommend that he either talk to an attorney or sit down with his public defender and find out more information.



thank you so much thats what i told him and his public defender none of that made any sence to me at all and just sounded out right rediculious.But you have helped alot and answered my question thank you again!!!!! God Bless You


I am sorry but your question is rambling and confusing. perhaps it is best if you call someone local (a dui lawyer) to see if they can answer your question over the phone.

Please be advised that answering your questions does not establish an attorney-client relationship with myself or my firm. We would be more than happy to set up a free consultation if you call us at 407-588-6714 and specifically mention AVVO or email me at and put AVVO in the subject line.


It would be best if you met face to face with an attorney to discuss these matters. The facts are a bit confusing as you relate them.

Good Luck!

Every case and situation is different and vary greatly depending on specific facts. My posts are not to be considered complete answers to each question. My posts do not constitute an attorney/client relationship.

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