Are there options for my husband in California after he obtains his second DUI in a decade? 10 Answers as of February 24, 2012

My husband was arrested for a DUI in 1999. This month, he got a second charge in Anaheim. In between the two incidents, he had not been into trouble. Can he do anything beyond redoing his diversion? What is the statute of limitations?

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Nelson & Lawless
Nelson & Lawless | Terry Nelson
There are always options, even with a second DUI that carries enhanced penalties. That is what your attorney is there to provide. There is no diversion for DUI, that is for drug offenses, so Im not sure what you refer to. Effective plea-bargaining by your attorney, using whatever legal defenses, facts and sympathies there may be, could possibly keep him out of jail, or at least dramatically reduce it, depending upon all the facts and evidence. Hopefully, there was no accident or injuries involved in this to make it a felony. Your attorney will try to either get a plea bargain, or take it to trial. If serious about doing this, feel free to contact me. Ill be happy to help you use whatever defenses you may have. Keep in mind: When you are arrested for DUI, whether alcohol or drugs, upon release from jail or booking you were given documents that included a notice that you have only ten days to file a request with DMV for a hearing on an appeal of the automatic one-year suspension of your license imposed by DMV upon arrest for DUI, which 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 hearing and present your evidence and testimony. If you don't know how to do these things, then hire an attorney that does. If serious about doing so, feel free to contact me.
Answer Applies to: California
Replied: 3/23/2011
Law Offices of Phil Hache
Law Offices of Phil Hache | Phil Hache
DUI's for criminal court matters are compounded charges when within a 10 year period. I believe I have more info about it. But in short, if his first and only other DUI was in 1999, and his second was in 2011, then the court will charge him as if it were his first offense for court purposes. One option would be to fight the case. Consult an attorney to discuss the case in further detail to get more specific feedback.
Answer Applies to: California
Replied: 3/23/2011
Law Office of Peter F. Goldscheider
Law Office of Peter F. Goldscheider | Peter Goldscheider
His convictions are more than 10 years apart so it does not appear that he would likely suffer the consequences of a second offense within 10 years inc. a mandatory DMV suspension of his license for at least a year. On the other hand the judge can take a prior into consideration at sentencing. The statute of limitation on filing any misdemeanor is 1 year but that does not appear an issue in your husband's case.
Answer Applies to: California
Replied: 3/23/2011
Law Office of Eric Sterkenburg
Law Office of Eric Sterkenburg | Eric Sterkenburg
The law is that a second DUI within ten years counts. Because his DUI was over 10 years ago this one will be treated as a first time DUI.
Answer Applies to: California
Replied: 3/22/2011
Law Office of Jeff Yeh
Law Office of Jeff Yeh | Jeff Yeh
He doesn't need to worry about the DUI in 1999, because it is over 10 years ago, so the prosecutor cannot allege it as a prior. In other words, he is facing a first offense. However, that doesn't mean he should just walk into court and plead guilty. Consider consulting a DUI specialist to discuss the case. A lot of times reductions can be obtained.
Answer Applies to: California
Replied: 3/22/2011
    The Law Offices of Christopher J. McCann
    The Law Offices of Christopher J. McCann | Christopher J. McCann
    It sounds like more than 10 years passed between the *arrests*, which is what matters in California (assuming he received a conviction after the first arrest). The distance between the first conviction and the second arrest does not matter. If more than 10 years has passed between arrests, the first one is "washed out" and he'll be treated as a "first-timer". Keep in my it will appear on his criminal record when the DA's look at it and they'll see it, and consider it to some extent when making a settlement offer, but it is not *legally* priorable in California it would appear.
    Answer Applies to: California
    Replied: 3/22/2011
    Law Office of Joe Dane
    Law Office of Joe Dane | Joe Dane
    DUI priors only count for 10 years, so he may be in luck. If it's outside of the 10 year period, they will treat it like a first time offense. He (or his attorney) needs to contact the DMV within 10 days of his arrest to request a hearing to challenge the automatic license suspension by the DMV. I'm in Orange and practice all over Orange County. Let me know if you want to discuss it further.
    Answer Applies to: California
    Replied: 3/22/2011
    Law Office of Michael Bialys THE DUI MAN
    Law Office of Michael Bialys THE DUI MAN | Michael Bialys
    Typically a second or third DUI involves a lot more than diversion there is mandatory jail time for both of these offenses.
    Answer Applies to: California
    Replied: 2/24/2012
    Steven Mandell
    Steven Mandell | Law Offices of Steven Mandell
    He's in luck. The prior conviction only counts against him for 10 years, so the current one (I assume it occurred in 2010 or 2011) will be considered his first offense. His prior "expired" in 2009, or 10 years from the conviction date.
    Answer Applies to: California
    Replied: 3/22/2011
    Law Office of Tracey S. Sang
    Law Office of Tracey S. Sang | Tracey Sang
    DUIs are good for 10 years. So, if his first was in '99 then after 2009 any DUI becomes a "first" again. Firsts carry a fine of $1K, and the three month class to get your license back. But, you should talk to an attorney to see about possible defenses.
    Answer Applies to: California
    Replied: 3/22/2011
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