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.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.
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.
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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
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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.
Los Angeles Criminal Defense Attorney
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.
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