Legal Question in DUI Law in California

2nd offense. What are the penalties for this. Can I state the situation with the judge. I have not driven with any alcahol for a year and a half. My daughter graduated college and had some wine earlier was sleeping got a 1:30 am call from my daughter hysterical her boyfriend threw her out so I made the mom decision to go get her. They pulled me over for no front licence plate and then asked if I had been drinking I said earlier because of my prior they made me do the test I blew a .11 how much trouble am i in and can i tell the circumstance. Plus the officer drove my car and moved it to a parking place are they supposed to drive your car?


Asked on 5/31/10, 11:51 am

1 Answer from Attorneys
Bruce Kapsack Kapsack and Bair - DUI Attorneys, Board Certified in DUI Defense

First, you should really speak to anattorney to get the full information. But to answer your questions in a general form;

On a second offense in much of Califronia you are looking at ACTUAL IN CUSTODY JAIL. Additionally there is a mandatory one year loss of all driving priveleges, which can not be restored until the year is obver and you put an ignition interlock device.

Emergencies can sometimes be used to explain to the District Attorney to mitigate or lessen the charges to prevent the worse of the punishment.

Yes, the officer can move your car rather than having it towed.

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Answered on 6/09/10, 9:30 am


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