Some times we are able to persuade a given judge not to impose jail time on a second offense DUI, especially if we can show that you are taking the matter very seriously and doing something to avoid the problem reoccuring. What I usually suggest to my clients is to go to as many AA Meetings as possible up to the court date. 30 in 30 days is not too many. The judges consider 2 in 3 years to be an indication of alchoholism and want to impose a penalty that will stop the process

Answer Applies to: California
Replied: 9/8/2011

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Every case is different but picking up a new DUI while on DUI probation will surely result in time. Whether you can get the work program versus straight jail is the only question. You need an attorney and may want to look into a residential program for a month or so which the court may accept in lieu of jail.

Answer Applies to: California
Replied: 9/8/2011

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.

There is mandatory jail time on a second DUI, but whether you get the mandatory minimum or something more depends on where you are. Some counties (Orange, for example) push for 30-90 days on a second, especially since you're on probation. Others are more likely to impose the minimum. In addition to the jail time, you're looking at fines and fees of around $2,000, a one year license suspension, 5 years probation and an 18 month alcohol program. If you go to trial and lose, a judge can impose whatever sentence they feel is appropriate, including time for the probation violation. Should you resolve the case by a plea deal, you will know what you're getting. If you lose at trial, you lose control of the sentencing and are (somewhat) at the court's mercy. Regarding bail - typical bail for a second is $10,000. You may be released OR with conditions of attending AA meetings... Or you could be taken in for the probation violation. You really, really need a local criminal defense attorney. Don't forget you only have 10 days from your arrest to request a hearing with the DMV or you'll automatically have your license suspended.

Answer Applies to: California
Replied: 9/8/2011

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.

The statutory minimum for a second DUI within 10 years is 4 days in county jail, but you are also in violation of probation, so the Judge can give you up to 180 days for the PV on top of whatever you get for the second DUI. Contact a DUI specialist. That is your only hope of navigating these waters to a successful conclusion with the least punishment.

Answer Applies to: California
Replied: 9/7/2011

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.

Because you were on probation for the first DUI at the time of the second the state can put you away without a trial or plea. All they have to do is have a probation violation hearing before a judge and you go down. On the probation violation alone you are looking at 180 days in jail. For the second DUI you are looking at 96 -hours minimum mandatory jail and up to one year jail maximum. Typically between 30 and 90 days. Minimum $390.00 fine to maximum of $1000.00. After adding penalty assessments and miscellaneous court fees, results in a total amount due of approximately $1400.00-to-$1800.00 . Attendance at 18-month Multiple Offender Program (MOP) is required. The court may order at its discretion Impound Vehicle up to 30-daysand /or an ignition Interlock Device for up to 3-years. Your best chance to meditate this punishment is to enroll in a live in rehab program.

Answer Applies to: California
Replied: 9/7/2011

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.

In California a second DUI within ten years of another DUI is punishable by incarceration in the county jail for not less than 90 days and not more than one year however some jail alternatives qualify as jail time. The most popular program is often called Adult Offender Work Program or AOWP. The time can be served by cleaning up parks on the weekend or cleaning up roads. You can also receive up to one year in county jail for violating your probation, however it is unlikely that you will do any additional time for the violation. There are two things that you can do to limit the amount of time that you will serve. 1. Hire a lawyer who has experience defending DUI's 2. Voluntarily attend AA or NA classes at least twice a week. Bring proof of the classes when you go to court. Good luck.

Answer Applies to: California
Replied: 9/7/2011

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.

Yes. There is a mandatory minimum of 96 hours. If on probation most jurisdictions will add more jail time. The amount depends on where you are located and other factors.

Answer Applies to: California
Replied: 9/7/2011

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.

A second DUI while on probation for the first one will result in some jail time if you are convicted or found in violation of your probation. The law sets mandatory minimus for second offenders. You need to retain an attorney and fight this.

Answer Applies to: California
Replied: 9/7/2011

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.

Start with getting the best California DUI criminal defense attorney you can find. Be aware of minimum penalties per http://www.sandiegoduilawyer.com/penalty.html plus whatever jail time was held over your head as a result of probation. You can get the right result with the right lawyer.

Answer Applies to: California
Replied: 9/7/2011

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.

You will more than likely have to serve some jail time for a second DUI while you are on probation. An attorney can possibly help reduce the amount of time you will have to serve. You should retain one ASAP. Call me with any questions.

Answer Applies to: California
Replied: 9/7/2011

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.