What penalties will come from my DUI? 8 Answers as of February 24, 2012

What kind of penalties am I looking at for a DUI that I received on January 26th 2011, and a wet and reckless in 2004? I am permanently disabled and on social security?

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Law Office of Jeff Yeh
Law Office of Jeff Yeh | Jeff Yeh
A wet is priorable within 10 years, so you are looking at the following:

A fine of $390 to $1000 with penalty assessment (multiplied by approximately 3-4 times), a minimum of 4 days and up to 1 year in county jail, attendance in a 18 month alcohol program, and installation of an interlocking device for up to 3 years. As a result of the court conviction, the DMV will suspend your license for 2 years, but a restricted license may be requested after 1 year of suspension. Additionally, you will receive 2 points on your driving record.

Consult a DUI specialist, because even a slight reduction in the charge can help you avoid a lot of these consequences.
Answer Applies to: California
Replied: 3/3/2011
Nelson & Lawless
Nelson & Lawless | Terry Nelson
You potentially face up to 6-12 months in jail and fines, suspension of license, etc. However those penalties are enhanced because of your prior within the last 10 years. Your disability and SS are not legal defenses, but may elicit some sympathy. But, the DA will happily tell you that they didnt stop you from committing the crime, or make you do it. 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 and evidence. 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 you. If you don't know how to do these things effectively, then hire an attorney that does, who will try to get a diversion, reduction or other decent outcome through plea bargain for you, or take it to trial. If serious about doing so, and if this is in SoCal courts, feel free to contact me. Ill be happy to help you use whatever defenses you may have. If you can't afford private counsel, you can apply for the Public Defender.
Answer Applies to: California
Replied: 2/27/2011
Law Office of Michael Bialys THE DUI MAN
Law Office of Michael Bialys THE DUI MAN | Michael Bialys
The truth is it is considered a second. The minimal penalties are typically an 18 month alcohol education class and 96 hours of jail time and 5 years of summary probation, however their is a range where jail time in concerned, the jail time could be up to a year, and the court may even require an interlock ignition device. This is one that I would recommend hiring counsel especially in light of your disabilities.
Answer Applies to: California
Replied: 2/24/2012
The Law Offices of Robert L. Driessen
The Law Offices of Robert L. Driessen | Robert L. Driessen
You are looking at a second time DUI. There is a mandatory minimum jail time of 96 hours for this offense. Understand that this is the minimum you could receive. Many counties will start their offer at 90 days jail. Make sure you get an attorney to assist you. Also you have only 10 days to request a hearing from the DMV from the date of the arrest.
Answer Applies to: California
Replied: 2/27/2011
Law Office of Andrew Roberts
Law Office of Andrew Roberts | Andrew Stephen Roberts
You are looking at penalties for a second DUI.
Answer Applies to: California
Replied: 2/27/2011
    Law Office of Thomas F. Mueller
    Law Office of Thomas F. Mueller | Thomas Mueller
    The penalty, if there are no other aggravating factors would be 3 years probation,a fine of about $2000, an 18 month DUIp rogram and between 30 and 45 days in the weekend work program.You probably will have a 1 year license suspension. It may be possible to avoid some of that, if you have a good lawyer that will fight for you. Our office hanles many of those cases. For more info or to obtain a fee quote, call.
    Answer Applies to: California
    Replied: 2/27/2011
    Dennis Roberts, a P.C.
    Dennis Roberts, a P.C. | Dennis Roberts
    A wet reckless counts as a DUI if it was within 10 years which it was. Serious fine and longer DUI school. Youreally need an attorney who specializes in DUI cases.
    Answer Applies to: California
    Replied: 2/27/2011
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