Legal Question in DUI Law in California

Re: Received 2nd DWI

Where were you cited for DWI? (LA County, Orange County, Riverside, San Bern.?) Not that it makes a difference in sentencing, but it may make a difference in whether or not the prior shows up. Let me know. And shame, shame for driving intoxicated. Taxis are cheaper in the long run. You should get yourself a lawyer, too. Good luck.

Re: Received 2nd DWI

23540. (a) If a person is convicted of a violation of Section 23152

and the offense occurred within 10 years of a separate violation of

Section 23103, as specified in Section 23103.5, 23152, or 23153, that

resulted in a conviction, that person shall be punished by

imprisonment in the county jail for not less than 90 days nor more

than one year and by a fine of not less than three hundred ninety

dollars ($390) nor more than one thousand dollars ($1,000). The

person's privilege to operate a motor vehicle shall be suspended by

the department pursuant to paragraph (3) of subdivision (a) of

Section 13352. The court shall require the person to surrender the

driver's license to the court in accordance with Section 13550.

(b) Whenever, when considering the circumstances taken as a whole,

the court determines that the person punished under this section

would present a traffic safety or public safety risk if authorized to

operate a motor vehicle during the period of suspension imposed

under paragraph (3) of subdivision (a) of Section 13352, the court

may disallow the issuance of a restricted driver's license required

under Section 13352.5.

(c) This section shall become operative on September 20, 2005.

Better to hire an attorney and try to beat this thing. Call me directly at 16192223504.