For a second DUI offense, how much jail time am I facing or can I do community service? 11 Answers as of August 14, 2013

I got a second DUI August 2 and blew a .10 and then a .08 at the stations however I am still under probation from the first DUI I got on march 1 2013, how much jail time am I looking at? Or can I do community service instead.

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Michael Breczinski
Michael Breczinski | Michael Breczinski
You are looking at least 5 days jail. Probably more since you were still on probation for the first case.
Answer Applies to: Michigan
Replied: 8/14/2013
Lawrence Lewis
Lawrence Lewis | Lawrence Lewis, PC
You are looking at the judge revoking the balance of six months on the first DUI. So, I think you are looking at months in jail. After you get out of jail you will do community service, but there will not be community service, instead of jail.
Answer Applies to: Georgia
Replied: 8/14/2013
Law Office of Thomas C. Phipps | Thomas C Phipps
You will probably have to do 40 to 80 hours of community service. You will probably also have to do an extensive alcohol and/or drug evaluation and treatment program.
Answer Applies to: Missouri
Replied: 8/14/2013
Law Office of Brendan M. Kelly
Law Office of Brendan M. Kelly | Brendan M. Kelly
You can normally do community service on a second offense, but since you are on probation for the first offense the court won't allow you do anything but jail. Get a lawyer, since we can sometimes work these out.
Answer Applies to: Nebraska
Replied: 8/14/2013
Universal Law Group, Inc. | Francis John Cowhig
You are looking at up to 1 year on the second DUI and a possible additional 6 months on the original DUI for which you now have a probation violation.
Answer Applies to: California
Replied: 8/14/2013
    Law Office of Edward J. Blum
    Law Office of Edward J. Blum | Edward J. Blum
    What are the penalties for a second time DUI? In Los Angeles, a second time DUI with nothing else special about it usually gets 96 hours jail, plus the classes and fines. You can roll the fines into the jail and do about the same amount of time. What if I've violated probation too? It depends on how recently the other case was. The more recent the more jail that you will get. Usually its between 10-30 days. 10 / 08 you need to fight. If you and your lawyer push this to trial you can get a wet reckless or better.
    Answer Applies to: California
    Replied: 8/14/2013
    Law Office of Geoffrey M. Yaryan
    Law Office of Geoffrey M. Yaryan | Geoffrey M. Yaryan
    You can't do community service but some counties have work programs and others have electronic monotoring or house arrest, both are consider custody time. How much time you do depends on the county you are in and the policy of the court and DA's office. Usually 20 to thirty days, however since you were on probation for the first one it could be another 20 to 30 days for a probation violation.
    Answer Applies to: California
    Replied: 8/14/2013
    William A. Siebert
    William A. Siebert | William A. Siebert
    There should have been a third test the first two are more than 10% apart. You are more likely to get jail for the violation of probation by drinking than you are for getting it on the second offense.
    Answer Applies to: Michigan
    Replied: 8/14/2013
    Law Offices of Laurie A. Schmidt, P.C. | Laurie Schmidt
    If your DUI's both occurred in Colorado, you could have some complications. First, your probation on the first offense is violated and could result in jail time and additional penalties. On the second offense, you are facing jail time, at a minimum of 10 days. It would be well worth your time and money to retain a local DUI attorney. This is a second offense that will require a harsher sentence and with a lower level BAC, you could defenses to the charges.
    Answer Applies to: Colorado
    Replied: 8/14/2013
    Connell-Savela
    Connell-Savela | Jason Savela
    10 days minimum by statute - work release is available some judges impose 180 days if you drink while on probation and in this case, there is proof you drank.
    Answer Applies to: Colorado
    Replied: 8/14/2013
    Attorney at Law
    Attorney at Law | Michael J. Kennedy
    You are foolish to plead guilty on a 10 you should fight it. Do not get snookered by attorneys who don't know how to fight DUIs [they are very fight able], nor by others who say you should just fall on your sword. Far, far too many DUIs are plead out, and they should not be.
    Answer Applies to: California
    Replied: 8/14/2013
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