My boyfriend who is 19 got his second DUI today; he received his first while he was 17. What can happen now? 10 Answers as of February 21, 2012

My boyfriend who is 19 got his second DUI today; he received his first while he was 17. What can happen now? This happened in California. What options does he have?

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Attorney at Law | Ernest Krause
Was he treated as an adult for the first one. License suspension. Fines (about $2000). Requirement of going to DUI school. The sentence for the new one will be harsher per the judge and state law. BUT, he got the ticket today. He needs an attorney: the public defender if he is poor enough or a private attorney who knows how to do this. A really full-scale defense would cost a lot of money.
Answer Applies to: California
Replied: 2/8/2012
The Law Offices of Christopher J. McCann
The Law Offices of Christopher J. McCann | Christopher J. McCann
He will be facing a 2nd time DUI from the DMV but only a first-time DUI in court. He can have his license suspended for up to 2 years from the DMV but can shorten it to 90 days with an IID. He needs to fight the DMV side especially. He needs an experienced DUI attorney.
Answer Applies to: California
Replied: 2/6/2012
Law Office of Anthony Sessa
Law Office of Anthony Sessa | Anthony Sessa
Begin to pack his bags. He is headed for jail unless he gets an attorney to help him.
Answer Applies to: California
Replied: 2/6/2012
Robert Mortland
Robert Mortland | Law Office of Robert Mortland
He will be charged with a violation of Cvc 23152 and may be charged with a probation violation as well. He will be looking at a minimum of 30 days county jail but he may be facing even more depending on the facts of the case.
Answer Applies to: California
Replied: 2/6/2012
The Law Office of Stephanie M. Arrache
The Law Office of Stephanie M. Arrache | Stephanie Arrache
It really depends on the county where your boyfriend received his second DUI. California DUI laws have become more strict and the penalties are becoming more harsh. Some counties want at least 96 hours in jail, while others will accept community service. The DMV is requesting IID (Ignition Interlock Devices) now on any car in the persons name. The court will likely place him in the 18 month classes and MADD program. And of course, there are always massive fines and loss of driving privileges. You should speak with an attorney about fighting these charges very aggressively.
Answer Applies to: California
Replied: 2/6/2012
    Law Office of Thomas F. Mueller
    Law Office of Thomas F. Mueller | Thomas Mueller
    If he is convicted he will lose his license for three years. He will, however, be considered a first offender in criminal court and receive a standard sentence unless there are other aggravating circumstances like a high blood alcohol or an injury accident.
    Answer Applies to: California
    Replied: 2/6/2012
    Law Office of Eric Sterkenburg
    Law Office of Eric Sterkenburg | Eric Sterkenburg
    California Vehicle Code 23136 VC: California's Zero Tolerance Law A Civil Offense If you submit to a chemical test and your BAC is 0.01% or greater, you face an automatic one-year driver's license suspension, or A one-year delay of your driving privilege if you don?t yet have a California driver's license. If you refuse to submit to a chemical test, you face a one- to three-year suspension, depending on how many prior convictions you have under this California zero tolerance law. California Vehicle Code 23140 VC: Under 21 DUI with a BAC of 0.05% - 0.07% An Infraction If you're under 21 and drive with a BAC of 0.05% - 0.07%, you face a misdemeanor charge under California Vehicle Code section 23140 VC. Punishment and Sentencing for California Vehicle Code 23140 VCA first conviction carries a $100 penalty. A second conviction within a one-year period carries a $200 penalty, and A third conviction within one year carries a $300 penalty, lose your California driver's license for one-year, attend and complete a minimum three-month alcohol program before your license can be reinstated, and possibly be ordered to participate in a Youthful Drunk Driving Visitation Program. Participation in this program includes a visit to an E.R., the coroner's office, or a chemical dependency recovery center to observe Victims of DUI accidents, or People in the terminal stages of alcoholism or drug abuse. The judge will also order you to abstain from drinking any alcohol until you are 21, and from using any illegal drugs. California Vehicle Code 23152 VC: Driving Under the Influence A Misdemeanor Three to five years of informal probation, $390 to $1,000 in fines, Up to one year in a county jail, a mandatory court-approved alcohol class, and a six-month driver's license suspension. If you or a passenger who is also under 21 has alcohol in your car, you face an additional and separate misdemeanor conviction. The penalty for California possession of alcohol in a car includes: A one to thirty (1-30) day impound of your car, a minimum one-year license suspension, Up to six months in a county jail, and/or Up to $1,000 in fines.
    Answer Applies to: California
    Replied: 2/6/2012
    Law Office of Jeff Yeh
    Law Office of Jeff Yeh | Jeff Yeh
    He has only 10 days to try and save his license.
    Answer Applies to: California
    Replied: 2/6/2012
    Attorney at Law
    Attorney at Law | Michael J. Kennedy
    DMV will consider it a second time for admin purposes; the criminal court will treat it as a first time. Most DUIs are fightable and winnable, if you have the right attorney. If you don't, you will be conned into pleading guilty.
    Answer Applies to: California
    Replied: 2/6/2012
    Law Office of Michael Bialys THE DUI MAN
    Law Office of Michael Bialys THE DUI MAN | Michael Bialys
    Really important that he hire counsel he can lose his license for at least a year and he faces the potential of jail time, especially if he was still on probation for the first.
    Answer Applies to: California
    Replied: 2/21/2012
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