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What are the options and consequences on a 2nd DUI offense?

What are the options and consequences on a 2nd DUI offense?
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Law Office of Thomas F. Mueller
Law Office of Thomas F. Mueller | Thomas Mueller
95 S Market St Ste 300 - San Jose, CA 95113 | 408 292-1564
The minimum Jail time is 2 days but most judges around here impose a 10 day minimum. The alternative is 30 to 45 days of Weekend Work Program (in Santa Clara County) or less in a SWAP program ( in other counties ). Of course there is also the 18 month DUI Program as well as 3 years probation and the $2000+ Fine.

Answer Applies to: California
Replied: 9/23/2011

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.

Answered By: Law Office of Peter F. Goldscheider
They are too complex to address in this forum. There is a mandatory license suspension of one year by the DMV and 18 months by the court though you can get a restricted license in 90 days by being in a licensed program. There is a minimum jail sentence depending on the jurisdiction and substantial fines. How best to negotiate and defend the case is what an experience certified criminal law specialist can adivise.

Answer Applies to: California
Replied: 9/24/2011

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.

Answered By: Law Office of Tracey S. Sang
A second DUI carries 96 hours mandatory custody which can usually be served over two weekends, a fine of about $2K, and the 18-month class. Other penalties may apply depending on the BA level. One of the worst consequences, however, is that your license will be suspended up to two years. There are obviously many types of defenses to DUIs as well as ways to challenge the first DUI. These may or may not apply to you - you need to confer with an attorney.

Answer Applies to: California
Replied: 9/23/2011

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.

Answered By: The English Law Firm
The consequences can include fines, jail time, license suspension, and an extended (18 month) alcohol program. The exact amounts of these consequences depend on the BAC and other facts of the offense. Your options are to plead guilty, no contest, or fight the case.

Answer Applies to: California
Replied: 9/23/2011

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.

Answered By: Peter Duarte, Attorney at Law
If convicted of a 2nd DUI offense the court can place you on 3 to 5 years court probation, approx. $2,500 to $3,000.fine, county jail from 10 days to one year. One year license suspension. Possible restriction after 90 days. Ignition interlock device. I recommend you contact a criminal defense attorney.

Answer Applies to: California
Replied: 9/23/2011

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.

Answered By: Law Office of Eric Sterkenburg
3-to-5 years Informal Probation 96 -hour’s minimum mandatory jail and up to one year jail maximum may. Typically averages between 30 and 90 days. A minimum $390.00 to a maximum of $1000.00 fine. Attendance at 18-month Multiple Offender Program (MOP) required The Court may also order the Impounding of the vehicle for up to 30-days and/or an ignition interlock Device for up to 3-years.

Answer Applies to: California
Replied: 9/23/2011

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.

Answered By: Bensmochan & Poghosyan, LLP
If your 2nd DUI occurred within 10 years of your 1st DUI then, according to California Vehicle Code Sections 23540 & 23542, you are likely to be sentenced to a county jail for a minimum of 96 hours and maximum of 1 year; be placed in summary probation (a.k.a. informal probation) from 3 to 5 years; be ordered to pay fines between $390 and $1000; be ordered to complete an 18 or 30 months court-approved California DUI school and suffer suspension of your driving privileges / driver's license for a period of 2 years. California DUI penalties are harsh and they increase with each subsequent conviction. I strongly recommend that you hire a competent DUI attorney to avoid your 2nd conviction.

Answer Applies to: California
Replied: 9/22/2011

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.

Answered By: Law Office of Jeff Yeh
3-5 years of probation, 4 days to 1 year in county jail, completion of a 18 month alcohol program, 2 points on your driving record, 2 year license suspension, and fines around $2000 (not including IID fees and alcohol school fees). Your alternative is to hire a DUI specialist to represent you. Even a slight reduction of the charge would obviate most, if not all, of the above consequences.

Answer Applies to: California
Replied: 9/22/2011

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.

Answered By: The Law Firm of Aaron Bortel Esq.
Assuming the arrest is within 10 years of a prior DUI arrest that resulted in conviction, the maximum penalty is one year in jail. The minimum is 10 days in jail. If you are convicted, whether you can do the time with alternative sentencing is up the policy of the county where you were arrested. A conviction requires an 18 month DUI School, no driving for 90 days, followed by eligibility for an ignition interlock device on your car for at least 21 months. Fines range from 1800 up to the high 2000's, depending on the county. Some counties put you on supervised probation and some require 5 years probation. The minimum probation is 3 years. While on probation you cannot drive with any alcohol in your system, or you will be in violation of probation and you can lose your license for an additional year. The options on a 2nd DUI are to have your attorney try to get the case dismissed, negotiate the case to the best possible resolution, or to go to Trial. Good Luck

Answer Applies to: California
Replied: 9/22/2011

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.

Answered By: Law Offices of Matthew Murillo
It all depends on the circumstances of the offense, as well as those of the first. Contact an attorney to discuss the matter privately, do not post details on a website for the world to see.

Answer Applies to: California
Replied: 9/22/2011

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.

Answered By: Law Office of Joe Dane
With a second DUI, you're facing mandatory jail time (anything from 96 hours and up, depending on the facts of the case, your blood alcohol level, the recency of the prior and whether or not you were still on probation for the first). You're also potentially looking at a one year license suspension and fines and fees of approximately $2,000. You'll be required to do an 18 month alcohol program. Of course, all these are just potential, depending on whether or not you have defenses or other options available to you. The only way to know that is to discuss your situation face to face with a local criminal defense attorney that routinely practices in the court where your case will be heard. Don't miss the 10 day window to challenge the DMV's automatic suspension of your license.

Answer Applies to: California
Replied: 9/22/2011

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.

Answered By: Law Offices of Elliott Zarabi
Usually, for a second time DUI within 10 years you are looking at a minimum of 96 hours in jail. That is if the prosecution wants to be nice! On the other hand, you may be looking at more time depending on you BAC and whether or not you were on probation still on your other DUI.

Answer Applies to: California
Replied: 9/22/2011

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.

Answered By: The Law Office of Harry E. Hudson, Jr.
Hire an attorney so you can discuss the facts [yours and the cops] to arrive at an intelligent decision as to your options and the consequences.

Answer Applies to: California
Replied: 9/22/2011

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.

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