Legal Question in DUI Law in California

Re: 2nd dui

While the information I am providing will vary from county to county, courthouse to courthouse and even Judge or District Attorney, it is what I have experienced in most of Northern California.

You most likely are facing three significant problems, first and perhaps most serious will be the probation violation, when you were convicted for your first DUI you were most likely told not to drive without a license and/or insurance, you were also told not to drive with alcohol in your system. A probation violation has a very low level of proof and can be prosecuted only in the county where you were convicted, it carries with it a maximum punishment of whatever the balance was of the maximum sentence for your offense (whatever time you did for your first offense subtracted from 6 months).

The second issue you face is the DUI, a second offense carries with it certain minimum penalties which include a loss of license for one year, 18 month DUI program (and you were bored in the 30 hours program),as well as fines and some sort of jail/jail alternative as available in your county.

Finally, the driving on a suspended, most counties will dismiss or reduce the charge if you can present a valid drivers license which may be difficult since you were arrested on these charges "nearly a year ago." If you can't present a valid license many counties will impound your car until you are eligible to drive to can have someone pick up the car, the fines are close to those for a DUI, jail/jail alternatives are part of the penalty and you will be required to install an ignition interlock device if your license suspension stems from your earlier DUI conviction.

An experienced lawyer can help you sort through the possible defenses (like no driving, lack of choice regarding the chemical test, and other possible legal issues not presented in your question) and/or help to determine what charges can be fought and won or negotiate a better plea bargain. These outcomes are all dependant upon your goals and the facts of your case as presented.

Good Luck,

Re: 2nd dui

You're "looking at" mandatory jail, fines, alcohol school, and license suspension/revocation on the DUI. You're "looking at" jail, fines and revocation of license on the suspended license charge. You're "looking at" jail and fines for the probation violation.

If you have defenses to the charges, you'd better presently them properly and effectively; that is what attorneys are for. I'm not clear on how this is still pending after a year, but it will have to be handled correctly from this point on.

Feel free to contact me if serious about getting counsel to help you, IF the case is in SoCal courts.