Legal Question in DUI Law in California
I received my 2nd DUI which involved hitting a parked car and I blew .27 during the sobriety test. I received my 1st DUI five years ago. Can someone please let me know what the consequences will be. I live in Saugus, CA.
6 Answers from Attorneys
The consequences will vary depending on whether or not you fight the charges. Additionally, you have but 10 days in which to request a DMV hearing. You can bend over and let them do as they will, or you can fight like hell to avoid a second conviction. It's up to you to hire a lawyer and bring the lawyer with you on your first court date. And by the way if your BAC was really .27 you have bigger problems than a DUI case. Your binge drinking is likely to lead to your becoming comatose -- or very dead -- from alcohol poisoning. But your body will be well preserved if not pickled.
First, you MUST file for a DMV hearing to put a stay on your suspended license. This must be done within 10 day.
Next, because this is your second DUI within 10 years, there is a minimum jail time of 96 hours. However, you have enhancements because you blew over.15 and you got into an accident.
You will likely have to pay restitution (either through insurance or yourself).
Most importantly you should consult with different DUI attorneys.
Please feel free to give me a call if you would like a free consultation.
There are no consequnces that are set in stone. Rather than focusing on what punishmnent you are "getting", focus on minimzing the punishment by hiring a DUI-only attorney who fights daily in Valencia court. Feel free to call me, (800) 468-2-502, as you are facing certain jail if you go in and just plead guilty. My Valencia office is on Turnberry Lane.
Sure. You probably face felony DUI charges because of the accident damages, 2nd offender enhanced DUI penalties, additional enhanced penalties for having over twice the legal limit, this all means substantial fines, alcohol school, suspension of license, restitution for damages, mandatory jail time, and probation. The DA and the Court are not going to be happy with you. Get a good attorney.
As I told you earlier today, there is a stautory minimum on a 2nd DUI and because of the accident and the high BAC, most DA's will be offering anywhere from the stautory minimum up to about 90 days is my best guess. I also mentioned the DMV must be notified by Tuesday and you were going to call your mom and get back to me.....from the answers I see, 1 attorney says its a Felony and. Another says nothing is in stone ???? The Vehicle Code begs to differ with those answers. What are you guys saying ??? The facts are that you face a mimimum of 96 hours (or 4 days) and, as I told you, in Newhall, where I have been practicing for over 20 years and where I WAS a Deputy DA , those DA's will come at us with anywhere up to 90 days. If you want my help, call by monday. Thx. David Wallin
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