Legal Question in DUI Law in California

Hello, I was recently caught driving on a suspended license from a previous DUI (it was my second). I was wondering if anyone could give me some idea of what kind of penalty to expect. From what I could find so far it looks like there will be jail time from a few days to 6 months and a $300-$1000 fine. However I still unsure whether this information is accurate and also whether my having been on probation from the previous DUI will affect my sentencing. Should I seek legal advice? Any advice is much appreciated, I am going to court tomorrow morning and am very scared

Thank you.


Asked on 9/21/10, 2:43 pm

3 Answers from Attorneys

Scott Ball Law Office of Scott R. Ball

You should definitely speak with an attorney. A conviction for driving on a suspended license when a license has been suspended for a DUI has a mandatory minimum 10 days jail time, a fine of around $1,000, and requires installation of an ignition interlock device on your vehicle. In addition, this will also be a violation of your probation, for which the court has the discretion to sentence you up to the maximum amount of jail time allowed for your conviction on underlying DUI.

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Answered on 9/26/10, 7:06 pm
Terry A. Nelson Nelson & Lawless

Yes to all the above. It is a misdemeanor with up to 6 months jail and $1000 fine [which would be over $4000 total with the penalty assessments]. It is up to your attorney to help try to keep you out of jail and minimize the penalties, using whatever admissible and credible witnesses, evidence and facts are available for legal arguments for plea bargaining or at trial. That is what he does in 'plea bargaining' with the DA and court. If serious about hiring counsel to do so, and if this is in SoCal courts, feel free to contact me.

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Answered on 9/27/10, 11:07 am


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