Legal Question in DUI Law in California

The honest answer is that no attorney can predict the outcome, nor even give an intelligent opinion, without reviewing and knowing all the charges, evidence, police reports, testimony, priors history, etc.

However, in general a 2nd DUI offense carries enhanced penalties including jail time, fines, loss of license, alcohol programs, etc. If he were to simply plead guilty, he would likely be sentenced to at least several months in jail. Plea bargaining by his attorney could likely reduce or avoid that.

When he was 'arraigned' at his first court hearing, he should have requested bail reduction or OR release. If he did and was denied, then he will have to stay in jail, post bail to get out now. Posting bail costs him money he is going to need for attorney fees. He should hire an attorney to make a new bail reduction appearance right away.

If he can afford to hire private counsel, do so immediately. If not, he should have applied for the Public Defender at his first appearance. If he did, and was denied, then he'll have to hire an attorney.

The general advice and rules:

When arrested or charged with any crime, the proper questions are, can any evidence obtained in a test, search or confession be used against you, can you be convicted, and what can you do? Raise all appropriate defenses with whatever witnesses, evidence and sympathies are available for legal arguments, for evidence suppression or other motions, or for trial. While this isn't a 'capital case', you certainly face potential jail and fines, so handle it right. Effective plea-bargaining, using those defenses, could possibly reduce the potential �time� and other penalties you face. If you don't know how to represent yourself effectively against an experienced prosecutor intending to convict, then hire an attorney that does, who will try to get a dismissal, diversion program, charge reduction, or other decent outcome through plea bargain, or take it to trial if appropriate.

A little free advice: When arrested for DUI, whether alcohol or drugs, then upon release from jail or booking the defendant is given documents that include a notice that you have only ten days to file a request with DMV for a hearing on an appeal of an automatic one year suspension of your license imposed by DMV. That is separate and runs consecutively with any suspension that may be imposed by the court. Contact DMV and do so, timely, then appear at your scheduled DMV appeal hearing and present any supporting evidence and testimony. If you don't know how to do these things effectively, then hire an attorney that does.

If serious about hiring counsel to help in this, and if this is in SoCal courts, feel free to contact me. I�ll be happy to help, using whatever defenses there may be.