Legal Question in Criminal Law in California

Can 2nd Offense DUI be Plea Bargained to a First Offense?

If a Juvenile aged 17 was convicted of a DUI, first

offense, no previous criminal record, and he gets a second

DUI at age 22 (no injuries)with a free criminal record in between, is employed

full time, is a Jr. in college, received scholarships based upon

good grades and community service since the first DUI, would a Judge

plea bargain down to a first offense when considering sentencing,

or what's the worst that could happen? What's the minimum that could

happen?


Asked on 12/11/99, 4:18 pm

1 Answer from Attorneys
Lyle Johnson Bedi and Johnson Attorneys at Law

Re: Can 2nd Offense DUI be Plea Bargained to a First Offense?

Regardless of what the court does the DMV will treat this as a 2nd offense and will susspend his driver's license. Whether the district attorney will agree to drop the prior will depend upon how high his blood alcohol was and how bad his driving was. Then his attorney would have to convince the judge to accept the plea bargain agreement.

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Answered on 12/13/99, 11:54 pm


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