If I have received my second DUI, what I am looking at as far as punishment?

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If I have received my second DUI, what I am looking at as far as punishment?

The ticket says I am over the legal limit of .08. No property damage. Released on bail the next day. My first DUI was 4 years ago. I do not have any other driving infractions.

Asked on November 14, 2011 under Criminal Law, California

Answers:

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

Answered 12 years ago | Contributor

A second driving under the influence conviction within 10 years will trigger the following sentence:

  • Summary probation for 3 - 5 years
  • A minimum of 96 hours to a maximum of 1 year in a county jail
  • Between $390 - $1,000 in fines
  • Completion of an 18 or 30-month court-approved DUI school
  • A 2 year driver's license suspension that may be converted to a restricted license after 12 months

Since the penalties can be severe, you should consult a DUI attorney in the area in which the arrest occurred. They can utilize their local court contacts to your best advantage. Possibly they can get the charges dismissed or least reduced.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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