How can I stay out of jail after my second DUI? 48 Answers as of July 12, 2013

I got a DUI on post and a month after that I was pulled over off post for another DUI but I did not submit to breathalyser. What I need to know or do to stay out off jail?

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Edward  D. Dowling IV Attorney at Law
Edward D. Dowling IV Attorney at Law | Edward D. Dowling IV
This response is general information only and does not establish an attorney client relationship. However, i would need further information.
Answer Applies to: New York
Replied: 7/12/2013
Lowenstein Law Office
Lowenstein Law Office | Anthony Lowenstein
You should look into Sentencing Alternatives, like Residential treatment programs. For more information, please see my website or call me for a legal consultation.
Answer Applies to: California
Replied: 6/14/2011
Bloom Legal, LLC
Bloom Legal, LLC | Seth J. Bloom
You should consider hiring an attorney to defend you against DUI charges. DUI is an enhanceable offense in Louisiana which means that your second offense penalties are going to be more strict than first offense. For this reason it is important to craft the best possible defense - something an experienced criminal defense and DUI attorney will be able to help you with. If you are seeking legal representation in this matter in Louisiana, we invite you to contact our firm at the information on this page for a free case evaluation.
Answer Applies to: Louisiana
Replied: 6/13/2011
Law Office of Tracey S. Sang
Law Office of Tracey S. Sang | Tracey Sang
I'm assuming "post" means base? At any rate, you are in serious trouble if you picked up two DUIs within a month of each other. You need a good DUI attorney. It is a minimum of 96 hours custody on a second DUI - they will want more under your circumstances. The absence of a breathalyzer will not matter much since I assume you gave a blood or breath sample at the station. You may have defenses to either of the cases, though. Feel free to call me.
Answer Applies to: California
Replied: 6/10/2011
Thomas J. Tomko Attorney At law
Thomas J. Tomko Attorney At law | Thomas J. Tomko
In Michigan, the law states that a minimum of 5 days to a maximum of 1 year in jail can be the penalty for a 2nd offense DUI. However, as in all cases, a Judge at sentencing will consider punishment of the wrongdoer, protection of society, and rehabilitation. Your focus should be on rehabilitation. With a showing of counseling, AA meetings, or other treatment, you can establish that you are "rehabilitated" for purposes of sentencing such that your sentence should be lower. You should discuss options in your jurisdiction with the attorney you hire to represent you. I hope that this was helpful.
Answer Applies to: Michigan
Replied: 6/10/2011
    The Law Office of Kevin O'Grady
    The Law Office of Kevin O'Grady | Kevin O'Grady
    The best way to minimize your actual sentence or the sentence you may face is to quickly hire a defense attorney to prepare your case.
    Answer Applies to: Hawaii
    Replied: 7/11/2013
    The Law Office of Randall S. Woodard
    The Law Office of Randall S. Woodard | Randall Scott Woodard
    Hire a good attorney experienced in the defense of DUI charges. Typically if you can be convicted of only one of the two offenses there will not be a mandatory jail sentence although I would not be surprised if the prosecutor did seek some jail time for an agreement not to seek two convictions. Two convictions would make it significantly more difficult to seek reinstatement of your driving privileges following a revocation.
    Answer Applies to: Illinois
    Replied: 6/10/2011
    Law Offices of Scott G. Hilderman
    Law Offices of Scott G. Hilderman | Scott G. Hilderman
    Not to be flip but you need to hire an attorney and challenge the charges.
    Answer Applies to: Montana
    Replied: 6/10/2011
    Law Office of Andrew Subin
    Law Office of Andrew Subin | Andrew Subin
    To stay out of jail you will probably have to successfully defend the second dui.
    Answer Applies to: Washington
    Replied: 6/10/2011
    Beaulier Law Office
    Beaulier Law Office | Maury Beaulier
    In Minnesota, a second offense within 10 years is a VERY serious offense. It is a gross misdemeanor and carries with it maximum criminal penalties of one year in jail and a $3000 fine. If convicted there are also mandatory minimum penalties of $1000 and 30 days in jail. Different Judges give different sentences. As a result, understanding your Judge and knowing how to change Judge's can be an important part of the process. There is also a civil case that results in the revocation of your driver's license. On a third degree offense, you may be revoked for up to six months. This is a separate case even though the challenges are largely the same. In order to challenge you license revocation, you must seek a judicial review by filing a petition within 30 days of the offense.There are also additional consequences to a conviction including skyrocketing insurance rates, plate impoundments and sometimes vehicle forfeitures. There are many challenges to a DWI. Officers must follow very specific steps as part of the arrest. If any one step is missing, the case may be dismissed. Knowing what defenses are available would require a thorough knowledge of the law and a review of the evidence of the case. As a result, you should consult with an experienced DWI attorney immediately.
    Answer Applies to: Minnesota
    Replied: 6/10/2011
    Nelson & Lawless
    Nelson & Lawless | Terry Nelson
    By not having gotten it. This is a 2nd . Penalties are enhanced because of the prior, including jail time potential. Now that you have it, you get to fight it. When arrested or charged with any crime, the proper questions are, can any evidence obtained in a search or confession be used against you, and can you be convicted, and what can you do? Raise all possible defenses with whatever admissible and credible witnesses, evidence and facts are available for legal arguments, for evidence suppression or other motions, or at trial. Effective plea-bargaining, using those defenses, could possibly keep you out of jail, or at least dramatically reduce it. Go to trial if it can't be resolved with motions or a plea bargain. There is no magic wand to wave and make it all disappear. Not exactly a do it yourself project in court for someone who does not know how to effectively represent himself against a professional prosecutor intending to convict and jail you. If you don't know how to do these things effectively, then hire an attorney that does, who will try to get a dismissal, diversion, reduction or other decent outcome through plea bargain, or take it to trial if appropriate. If serious about hiring counsel to help you in this, and if this is in SoCal courts, feel free to contact me. Ill be happy to help use whatever defenses there may be. Keep in mind a little free advice: When you are arrested for DUI, whether alcohol or drugs, then 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 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 hearing and present any supporting evidence and testimony. If you don't know how to do these things, then hire an attorney that does. If serious about hiring counsel to help you in this, and if this is in SoCal courts, feel free to contact me.
    Answer Applies to: California
    Replied: 6/10/2011
    Craig W. Elhart, P.C.
    Craig W. Elhart, P.C. | Craig Elhart
    Two OWI's within a month of each other may make it difficult for you to stay out of jail. If the court where the 2nd one is being tried has a drug court, participation in the drug court program may be a way to stay out of jail. By the way, if you are arrested for OWI and refuse to submit to a chemical test, the secretary of state can and probably will suspend your driver's license for a period of 1 year.
    Answer Applies to: Michigan
    Replied: 6/10/2011
    Palumbo and Kosofsky
    Palumbo and Kosofsky | Michael Palumbo
    You need to retain a law firm of our caliber to represent you in defense of the charges.
    Answer Applies to: New York
    Replied: 6/10/2011
    Law Offices of John Carney
    Law Offices of John Carney | John Carney
    You got a second DWI arrest only a month after you were convicted of what you call a DUI. I would have to know if your were convicted of a misdemeanor DWI or the violation of Impaired Driving. If you had a DWI and get a second arrest it would be charged as a felony. If your license was revoked at the time, and I assume that it was unless you were in Driving School on a restricted license, you were also charged with 511-3 and that is a serious offense. You may be facing a jail term with certain judges, but it is more likely that you will go to Drug Court or be ordered to get treatment and be placed on probation. Driving drunk is like shooting a gun at a moving train and hoping no one gets hit by the bullets.You obviously did not learn a lesson and have no regard for the safely and well being of others. I hope you have finally realized that if you are too drunk to walk you are too drunk to drive and you probably should take a cab. Is it worth risking your life as well as the other people on the road to save a $20 cab ride? If you are an alcoholic get some professional help while you still have a liver and a few live brain cells.
    Answer Applies to: New York
    Replied: 6/10/2011
    Law Office of Thomas F. Mueller
    Law Office of Thomas F. Mueller | Thomas Mueller
    Depending on the circumstances it may be possible to avoid jail by either going into a program or combining weekend work program with A.A. meetings. It helps to have an experienced lawyer.
    Answer Applies to: California
    Replied: 6/10/2011
    Law Office of Phillip Weiser
    Law Office of Phillip Weiser | Phillip L. Weiser
    You should consult with an experienced DUI attorney who is familiar with the DUI laws where you reside. The Judge is ultimately responsible for determining whether you spend any time in custody, but a good attorney will be helpful.
    Answer Applies to: Kansas
    Replied: 6/10/2011
    Law Office of Richard Williams
    Law Office of Richard Williams | Richard Williams
    When you say that you were stopped on post I would assume you are talking about a military installation. DUI's on a military installation are resolved in federal court normally by a magistrate or federal judge. Off post the cases are resolved in a civilian court. So I would assume you have one case pending int he federal courts and one case pending in the state or municipal courts.I would also assume that your first DUI case has not been resolved as it just happened last month and your second DUI is about a month or so out.A subsequent DUI charge, with one pending is most serious. An attorney is needed almost for certain. You are probably facing a permanent suspension of driving privileges on post.You should attempt to do all you can to help yourself by entering into an alcohol treatment facility inpatient or outpatient depending on what is recommended at your evaluation.
    Answer Applies to: Alabama
    Replied: 6/10/2011
    Ferguson & Ferguson
    Ferguson & Ferguson | Randy W. Ferguson
    Every state is different. Talk to a local dui attorney.
    Answer Applies to: Alabama
    Replied: 6/10/2011
    Austin Legal Services, PLC
    Austin Legal Services, PLC | Jared Austin
    There is no magic answer or anything you can do to keep yourself out of jail. A lot will depend on the judge and prosecutor. Especially the judge since they each have their own ways of dealing with those types of situations. If it's your second DUI, you certainly need to retain an experienced DUI attorney because the stakes are much higher. A good attorney will more than pay for himself in the longrun in terms of what he can save you. Also, he may be able to spot errors in the police report or chemical tests that could reduce or dismiss your charges.
    Answer Applies to: Michigan
    Replied: 6/10/2011
    Harris Law Firm
    Harris Law Firm | Jennifer C. Robins
    In many jurisdictions, the second DUII conviction requires a mandatory jail sentence. In Oregon, a second time DUII conviction could get the client 10 - 90 days in jail, depending on the county of conviction. The maximum sentence for any misdemeanor DUII in Oregon is one year in jail. The court may consider how close in time your two DUII arrests occurred. It may be wise to seek out counseling for alcohol dependency prior to resolving your cases, in order to show the court you are taking this situation seriously. It may have an affect on how much jail time, if any, you may get.
    Answer Applies to: Oregon
    Replied: 6/10/2011
    Arnold & Wadsworth
    Arnold & Wadsworth | Brian Arnold
    You need to work closely with the prosecutor. If needs be you are going to have to make the prosecutor work by filing motions.
    Answer Applies to: Utah
    Replied: 6/10/2011
    Sharifi & Baron
    Sharifi & Baron | S. Yossof Sharifi
    If it happened in Utah, you need to hire a good DUI lawyer right away. Utah is one of the strictest states when it comes to DUI sentencing and you're looking at a 10 day minimum sentence, not to mention a two year suspension of your license, fines, treatment etc.
    Answer Applies to: Utah
    Replied: 6/10/2011
    Law Office of Brendan M. Kelly
    Law Office of Brendan M. Kelly | Brendan M. Kelly
    No short answer to give you. You need to hire a criminal (DUI) attorney.
    Answer Applies to: Nebraska
    Replied: 6/10/2011
    Eric M. Mark, Attorney at Law
    Eric M. Mark, Attorney at Law | Eric Mark
    It may or may not be possible depending on your state's laws. You need to contact a lawyer to review your case.
    Answer Applies to: New Jersey
    Replied: 6/10/2011
    The Law Offices of Mark Kotlarsky
    The Law Offices of Mark Kotlarsky | Mark Kotlarsky
    You need a lawyer. Whether you get actual jail time depends on the circumstances, county and the judge.
    Answer Applies to: Maryland
    Replied: 6/10/2011
    Michael Anthony Wing, P.C.
    Michael Anthony Wing, P.C. | Michael Anthony Wing
    Defeat the charge, or if you lose, line up 30 days of community service because that or 48 hours to serve is mandatory on a second conviction. Stay well.
    Answer Applies to: Alabama
    Replied: 6/9/2011
    Law Office of Rankin Johnson IV, LLC
    Law Office of Rankin Johnson IV, LLC | Rankin Johnson IV
    To stay out of jail altogether, you'll need to win at trial, or get lucky and have the state dismiss as a result of problems with their case. Talk to a lawyer with DUII experience.
    Answer Applies to: Oregon
    Replied: 6/9/2011
    Theodore W. Robinson, P.C.
    Theodore W. Robinson, P.C. | Theodore W. Robinson
    Well, the first thing to know is to stop drinking and driving. The system is trying to tell you that. Second, hire an experienced criminal defense lawyer and defend the case. There may be a very good basis for a defense, but you'll need a good lawyer to pursue it for you. Last, you don't necessarily have to go to jail because of a charge. Get some therapy for drinking and that will also help. Good luck.
    Answer Applies to: New York
    Replied: 6/9/2011
    Mercado & Hartung
    Mercado & Hartung | Stephanie Hartung
    A lot more information is necessary to correctly answer your question. The best advice I can offer with such limited information is to consult attorneys directly and explain your situation in detail so they can properly advise you based on the unique facts of your case.
    Answer Applies to: Washington
    Replied: 6/9/2011
    Michael Breczinski
    Michael Breczinski | Michael Breczinski
    No honest attorney will guarantee that you will stay out of jail, but there are several things that you can do to minimize the danger. First in patient treatment. If you got arrested once for DUI it may have been a mistake, but two or more times you are an alcoholic. You risk jail and fines etc and you have experienced that already and you go back because the booze is so important to you that you drink and drive anyway. Get an attorney.
    Answer Applies to: Michigan
    Replied: 6/9/2011
    Frances R. Johnson
    Frances R. Johnson | Frances R. Johnson
    Get an attorney experienced with DUI to represent you. If you try to negotiate a deal by yourself, you're not as likely to get the deal you are seeking.
    Answer Applies to: Colorado
    Replied: 6/9/2011
    Law Office of Mark A. Chmelewski, PS
    Law Office of Mark A. Chmelewski, PS | Mark A. Chmelewski
    Be found not guilty after a jury trial or bench trial or have case dismissed.
    Answer Applies to: Washington
    Replied: 6/9/2011
    LT Pepper Law
    LT Pepper Law | Luke T. Pepper
    You need to hire a lawyer to argue procedural angles on your case.
    Answer Applies to: Pennsylvania
    Replied: 6/9/2011
    Nichols Law Firm
    Nichols Law Firm | Michael J. Nichols
    Call an attorney right away. Jail is a distinct likelihood depending on your judge.
    Answer Applies to: Michigan
    Replied: 6/9/2011
    The Olsinski Law Firm, PLLC
    The Olsinski Law Firm, PLLC | Justin C. Olsinski
    It sounds like you will have to beat the case in order to stay out of jail. Second conviction of DWI within 7 years is mandatory jail time. I suggest you hire an attorney in your area.
    Answer Applies to: North Carolina
    Replied: 6/9/2011
    Klisz Law Office, PLLC
    Klisz Law Office, PLLC | Timothy J. Klisz
    Hire the best experienced attorney you can afford. Jail could be a distinct possibility without proper planning.
    Answer Applies to: Michigan
    Replied: 6/9/2011
    Miller & Harrison, LLC
    Miller & Harrison, LLC | David Harrison
    You need to hire a good + experienced lawyer.
    Answer Applies to: Colorado
    Replied: 6/9/2011
    Law Office of William S. Smith
    Law Office of William S. Smith | William S. Smith
    You should immediately retain a criminal defense attorney with experience handling DUI cases. You will incur a loss of license for the refusal of the breathalyzer test but, in truth, you likely did the advisable thing. However, I some states your refusal can be used against you at trial. In Massachusetts, for example, in contrast, it cannot. Only a skilled criminal defense attorney will know what the appropriate course of action is in your case, so retain one immediately.
    Answer Applies to: Massachusetts
    Replied: 6/9/2011
    Fitzpatrick, Mariano, & Santos, PC
    Fitzpatrick, Mariano, & Santos, PC | Raymond J. Savoy
    You will need an experienced attorney to review your case to uncover any problems with the arrests. With two arrests this close together the court may insist on jail time.
    Answer Applies to: Connecticut
    Replied: 6/9/2011
    The Law Offices of Gabriel Dorman
    The Law Offices of Gabriel Dorman | Gabriel Dorman
    A lot more information is needed to properly advise as to what may likely happen. What we do know is that you have two DUI arrests within a month with a refusal on the second one. The best chance of staying out of jail or obtaining the best result requires that you immediately contact an experienced DUI attorney to fully evaluate your cases and circumstances. Without more information it's just not possible. I hope this answer was helpful. Good luck.
    Answer Applies to: California
    Replied: 6/9/2011
    Law Office of Jeff Yeh
    Law Office of Jeff Yeh | Jeff Yeh
    You need to obtain some kind of reduction or dismissal in order to escape the mandatory jail requirement of a second DUI. Contact a DUI specialist ASAP, because the DMV portion of the case requires timely action.
    Answer Applies to: California
    Replied: 6/9/2011
    San Diego DUI Law Center
    San Diego DUI Law Center | Rick Mueller
    1. Get a good DUI Lawyer. Try The California DUI Lawyers Association website - choose a "Specialist." 2. Get an acquittal or a reduction. 3. Find a judge willing to accept a legal substitute for actual jail time. 4. Be willing to go into rehab.
    Answer Applies to: California
    Replied: 6/9/2011
    Gonzalez Law Associates P.C.
    Gonzalez Law Associates P.C. | Carlos Gonzalez
    Get a lawyer quickly you may have some defenses and it may be quite possible to keep you from doing any time at all... Our office regularly handles DUI matters, contact us if you are considering hiring an attorney.
    Answer Applies to: New York
    Replied: 6/9/2011
    Law Offices of Phil Hache
    Law Offices of Phil Hache | Phil Hache
    There are a couple of questions I have before I can answer your question with any kind of certainty. First, were you convicted of the first DUI already? or is that case still pending? Second, what Court is your second DUI in? Feel free to contact me at 818-336-1384 or through my website. There are a lot of factors that will come into play in your defense here. The best advice I can give at this point is to talk to an attorney experienced in DUI defense in more detail about your case, and hire an experienced DUI defense attorney to handle your case.
    Answer Applies to: California
    Replied: 6/9/2011
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