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Scared i will go to jail for my 2nd dui, blew a .16%

Beverly Hills, CA |

my first dui was in 2011 and had a wet and wreckless dui blew a .07% , had probation for only 9 month's, finished community service and most of my classes. i just need to pay a fine for my first one and finish 3 more classes. if i do found guilty how many days can i get in jail for violating my probation? my court date is in a month and im scared.. will i be taken into custody right away? or will they give me time thank you

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Attorney answers 6

Posted

On a 2nd DUI there is a mandatory minimum of 4 days. Depending on how much time you did when you were arrested, there is a possibility of no additional time. However, if you're on probation and you're in department 2 of Beverly Hills court, there is a possibility of much more jail time. You should definitely consult with an attorney. I don't know why you're plead to a .07 as a wet? You should definitely speak to an attorney and at least get a free consultation.

Elliot Zarabi
www.TipsyLaw.com
213-612-7720

Elliot Zarabi www.FreeCriminalConsultation.com 213-612-7720 This answer does not constitute full legal advise. I do not know the full details of the case and therefore cannot make a full determination on your case or your answer. I always recommend speaking to an attorney in detail regarding your case.

Asker

Posted

thank you sir, and how much jail time if i was on prbation? i also know there are other alternatives like house arrest, work, etc and community service

Elliot Rahmim Zarabi

Elliot Rahmim Zarabi

Posted

Possibility if 90 days. I've see. David the DA ask for that before. But, it really depends, no way to make a determination without first talking to the DA and the judge.

Mary Xinh Nguyen

Mary Xinh Nguyen

Posted

I agree- why accept a wet reckless unless there are other factors not stated in your question. There must be other things- speeding? Anyway, there is mandatory jail time, but you need an attorney to ensure your right are protected.

Posted

find a local attorney and discuss case details with them, in person not on a public forum like this. then they can answer your question better than anyone here.

Any information provided through Avvo.com in response to a question is not, and cannot be considered a formation of any Attorney-Client relationship. Questioner understands that the nature of this system allows only for a cursory review of case information, and more detailed information should not be divulged in this public forum. As such, Questioner is recommended to contact an Attorney in order to discuss the full details of their case and a more specific advisement of potential rights and liabilities.

Posted

It sounds as if you violated your wet reckless probation with the new DUI that has a moderately high breath reading (though not a required enhancement). Retain counsel to represent you on the VOP (if so) and the new DUI together to get the best possible outcome. You never know, you could beat the new and your lack of training would prevent you from swing the issue with the prosecution's case. www.taubcriminaldefense.com

The information provided herein does not create an attorney-client relationship. The information provided is to suggerst some general principles and should not be relied upon for client decisions. Only upon the hiring of counsel can such advice be custom-tailored to the client's specific situation and needs.

Posted

now you know to defend on the 07 prior. jail is probably a short weekend or
alternatives. hire dui attorney in youf area
>

Asker

Posted

thank you sir, i was just wondering at the day of my arrigament if they find me guilty usually do you go into custody on the same day? or usually give you a date or time to turn yourself in?

Posted

Also mystified why you plead to anything. If you are .07 its an almost defacto win or dismissal. That said, your probation is your biggest problem. If your case is in LA County and you have a competent LA attorney handle this your chances of actual jail are probably nil if you do it right this time around. If you would like a free consult feel free to give a ring.

Brian Michaels
Los Angeles Criminal Defense Attorney
www.socalcrimdefense.com
3109919179

Posted

Good question.
I know this is a scary time for you. First off, speak to your attorney to get some relief.

In 2011 you got a good deal because your case was so good. The prosecutor wanted that prior on you for exactly this reason. The 2nd time DUI comes with enhancer penalties.
First off you have to find out if you are actually on probation or not on the night of the 2nd DUI arrest. If so, then a prosecutor can ask for up to 180 days (they weill not get it). A judge COULD give that to you (but unlikely).

As for going to your arraignment... an overzealous prosecutor may ask to increase the bail (if your bail was 1s t time DUI) and remand. Your attorney should have an argument ready. It is rare, but it happens.
Good luck

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