I recieved a second DUI on probation. What consequnces am I looking at?

I was convicted of my first DUI in March of 2008. Recieved work weekend program, completed all my classes and three years of probation. I recieved a second DUI June 2009. I am still on probation from the first DUI and I have not paid off the fines yet. I work two jobs, go to school, have attended A.A. meeting everyday since the second arrest and plan on never drinking again. I am getting independent counselling as well. What kind of consequences am I facing? How can I avoid jail time?

Asked on June 9, 2009 under Criminal Law, California

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

SECOND Offense within 10 years

MINIMUM AND MAXIMUM SENTENCES WHEN PROBATION IS GRANTED (3 TO 5 YEARS PROBATION TERM)

2 options, both carrying a fine of $390 to $1000, plus either: (A) 10 days to 1 year in jail and a 2 year license suspension; or (B) 96 hours to 1 year in jail, an 18-month or 30-month alcohol/drug program, and for arrests prior to September 20, 2005, a license restriction allowing driving only for work and alcohol/drug program for the duration of the program. However, your license shall be suspended for 2 years if the offense occurred in a vehicle which requires a class 1, 2, A, or B license. Installation of interlocking device for up to 3 years. As a result of the court conviction, the DMV will suspend your license for 2 years, but a restricted license may be available after the first year of suspension.

MINIMUM AND MAXIMUM SENTENCES WITHOUT PROBATION

90 days to 1 year in jail, $390 to $1000 fine, and a 2 year license suspension

Since the second DUI came only a year after the first and you were still on probation, I think that there's a good chance that you will get some jail time here.  You need to consult with an attorney that specializes in DUI cases.  Hopefully with their experience and contacts they will be able to minimized your penalties.


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