Is there a good chance that I will face jail time for a 2nd DUI in California? 14 Answers as of July 12, 2013

I just got my 2nd DUI 5/21/2011. My first dui was June/July 2001. Neither of the cases involved an accident. I did blow a .20 and .19 on the second one. I was wondering what the chances of me avoiding jail time are. Thank you in advance.

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Law Office of Tracey S. Sang
Law Office of Tracey S. Sang | Tracey Sang
Wow, you missed the ten year window by inches. In San Diego, conviction of second DUI carries 96 hours jail time. However, a good attorney might be able to strike the prior based on its age. Good luck.
Answer Applies to: California
Replied: 5/25/2011
Law Office of Thomas F. Mueller
Law Office of Thomas F. Mueller | Thomas Mueller
Most judges will allow you to do a work release program. The big problems involve an 18 month long counseling program and the loss of your license for 1 year. For more advice or a fee quote you may call.
Answer Applies to: California
Replied: 5/25/2011
Law Office of Geoffrey M. Yaryan
Law Office of Geoffrey M. Yaryan | Geoffrey M. Yaryan
You likely will get some jail time but it can be served in a work program or electronic monitoring.
Answer Applies to: California
Replied: 5/25/2011
LynchLaw
LynchLaw | Michael Thomas Lynch
It looks like you just missed the cutoff, for making this offense a first offense, by about two months. I would have your attorney pull those records to confirm the actual dates. In addition to the possible jail time on this offense, you also face a two day enhancement for being over 0.15 BAC and a possible order to have an Ignition interlock device installed on your vehicle for being at or above 0.20 BAC.
Answer Applies to: California
Replied: 7/12/2013
Nelson & Lawless
Nelson & Lawless | Terry Nelson
Good? Dont know. But there certainly is a chance, since the law provides for 6-12 months jail upon conviction. High BA level doesnt help your cause either. Too bad for you that the first is within 10 years, which makes it a prior for enhanced penalties. No attorney can predict the outcome, nor even give an intelligent opinion, without reviewing and knowing all the charges, evidence, reports, testimony, priors history, etc. However, effective plea-bargaining, using whatever legal defenses, facts and sympathies there may be, could possibly keep you out of jail, or at least dramatically reduce it, depending upon all the facts. Id say there is a reasonably good chance of no jail time if handled right. 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. 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 program, reduction or other decent outcome through plea bargain, or take it to trial. 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.
Answer Applies to: California
Replied: 5/25/2011
    Law Office of Peter F. Goldscheider
    Law Office of Peter F. Goldscheider | Peter Goldscheider
    The law requires some jail as a condition of probation for even a first DUI. Since you prior is almost 10 years old, it may not be that long and the court may let you do it in a work type program depending on the judge and county. On the other hand a .20 is high and warrants a higher sentence. I would get a lawyer even if you intend to plead guilty to negotiate the best disposition for you.
    Answer Applies to: California
    Replied: 5/25/2011
    Law Office of Jeff Yeh
    Law Office of Jeff Yeh | Jeff Yeh
    If you are convicted of a second DUI with 10 years, the statutory minimum is 4 days in county jail. However, the law cares about the date of the offense, not the date of the conviction, so I am not sure whether your first DUI in 2001 had a conviction date of June/July, or was June/July the date of offense? Anyhow, you should consult a DUI specialist, because even a slight reduction in the charge will usually avoid the jail time altogether. And don't forget the DMV portion. A hearing must be requested within 10 days. The penalty from the DMV for a second DUI is up to 2 years of suspension!
    Answer Applies to: California
    Replied: 5/24/2011
    Law Offices of Ramona Hallam
    Law Offices of Ramona Hallam | Ramona Hallam
    In San Diego, you will receive 96hours of mandatory jail time under the sentencing guidelines.
    Answer Applies to: California
    Replied: 5/24/2011
    Law Office of Eric Sterkenburg
    Law Office of Eric Sterkenburg | Eric Sterkenburg
    Under the code your second DUI is within ten years of the first. You can also get more penalties for BA over .19. Q good atrorney will help you on your case.
    Answer Applies to: California
    Replied: 5/24/2011
    Dennis Roberts, a P.C.
    Dennis Roberts, a P.C. | Dennis Roberts
    Depending on county and judge your chances are pretty good.
    Answer Applies to: California
    Replied: 5/24/2011
    Law Office of Michael Bialys THE DUI MAN
    Law Office of Michael Bialys THE DUI MAN | Michael Bialys
    The Statutory minimum on a second DUI is 96 hours.
    Answer Applies to: California
    Replied: 2/24/2012
    Law Office of Andrew Roberts
    Law Office of Andrew Roberts | Andrew Stephen Roberts
    More than likely you will serve 10-30 days , maybe less, for this 2nd DUI . Your BAC was high and you just fell within the 10 year period. Get an attorney. This might be dealt with.
    Answer Applies to: California
    Replied: 5/24/2011
    Law Offices of Phil Hache
    Law Offices of Phil Hache | Phil Hache
    Unfortunately, it sounds like you are just within the 10 year statute period where they will look to charge this as a second DUI, which requires a minimum 96 hour jail penalty. By statute and in extreme cases, can be up to a year. Based on what you wrote, I don't foresee that. I have had success getting 2nd offense DUI'S reduced and deals with no jail time 1duilawyer.com, but I would have to hear more about your case to give you an assessment. Feel free to call me at 818-988-3075 for a free consultation.
    Answer Applies to: California
    Replied: 5/24/2011
    The Law Office of Harry E. Hudson, Jr.
    The Law Office of Harry E. Hudson, Jr. | Harry E. Hudson, Jr.
    Given that this is a second offense, though almost 10 years apart, and the elevated BAC, I would expect some jail time ordered. Does the county have a work release program.? You may qualify. Get a good attorney.
    Answer Applies to: California
    Replied: 5/24/2011
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