What will happen with my second DUI? 13 Answers as of February 24, 2012

I recently got arrested for my 2nd DUI but I believe my BAC was below .08. Would this mean I would not be charged with a 2nd dui on my record??

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Nelson & Lawless
Nelson & Lawless | Terry Nelson
If convicted of this, it will of course go on your record as a 2nd DUI. You can theoretically be convicted even if the BA is .00. When arrested or charged with any crime, the proper questions are, 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, 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: 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 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, feel free to contact me.
Answer Applies to: California
Replied: 4/15/2011
Law Office of Thomas F. Mueller
Law Office of Thomas F. Mueller | Thomas Mueller
The answer is, Maybe. It depends on the circumstances and whether there is any evidence of use of drugs. For more info or a fee quote call.
Answer Applies to: California
Replied: 4/15/2011
Law Office of Peter F. Goldscheider
Law Office of Peter F. Goldscheider | Peter Goldscheider
Not necessarily. You can be convicted for DUI regardless of BAC if the officer is believed that you were driving under the influence based on your driving and other behavior after the stop.
Answer Applies to: California
Replied: 4/15/2011
Law Office of Jeff Yeh
Law Office of Jeff Yeh | Jeff Yeh
Not necessarily. It all depends on the filing DA. Sometimes when you have a prior, the DA will go out of his/her way to charge you. If you were under a 0.08, you can still be charged with VC 23152(a). Contact a DUI specialist, because borderline cases like this are much easier for an experienced attorney to beat in court.
Answer Applies to: California
Replied: 4/14/2011
Law Offices of Lawrence Wolf
Law Offices of Lawrence Wolf | Lawrence Wolf
We can help to make it go away if you were below .08 Give us a call.
Answer Applies to: California
Replied: 4/14/2011
    Law Office of Tracey S. Sang
    Law Office of Tracey S. Sang | Tracey Sang
    In San Diego, a second DUI carries 96 hours jail time (they allow you to do it over two consecutive weekends), plus a fine and the Multiple Conviction Class. If your BAC was below .08 then you may have a good defense.
    Answer Applies to: California
    Replied: 4/14/2011
    The Law Offices of Robert L. Driessen
    The Law Offices of Robert L. Driessen | Robert L. Driessen
    Make sure you contact the DMV within 10 days of your arrest to schedule a DMV hearing. There is mandatory jail time on a second time DUI so it is important that you contact an attorney.
    Answer Applies to: California
    Replied: 4/15/2011
    Law Office of David Swanson
    Law Office of David Swanson | David Swanson
    It might not get filed if you were under a .08. However, there is a separate charge of "driving under the influence" that can be filed with results that are under .08. It depends on other factors that occurred, such as your driving, performance on FST's, etc. If you have any other questions, please feel free to contact me.
    Answer Applies to: California
    Replied: 4/14/2011
    Law Offices of Phil Hache
    Law Offices of Phil Hache | Phil Hache
    It is possible to get your charge reduced or dismissed. Were you on probation at the time? Call me if you would like to discuss your case in further detail. I have had good success getting DUI charges dismissed.
    Answer Applies to: California
    Replied: 4/15/2011
    The Law Office of Harry E. Hudson, Jr.
    The Law Office of Harry E. Hudson, Jr. | Harry E. Hudson, Jr.
    Not necessarily. Hire an experienced DUI attorney. By that I mean get a local referral.
    Answer Applies to: California
    Replied: 4/15/2011
    Robert Mortland
    Robert Mortland | Law Office of Robert Mortland
    You can still be charged with a 2nd offense DUI with a bac below .08. This usually occurs with a probation violation if you are still on informal probation for the 1st DUI. If not, the da can charge the a count (23152(a)) which does not require a bac above .08. However, a good attorney will be able to get your case resolved for a much more favorable resolution.
    Answer Applies to: California
    Replied: 4/14/2011
    Law Office of Michael Bialys THE DUI MAN
    Law Office of Michael Bialys THE DUI MAN | Michael Bialys
    You could be charges with a second DUI but if your BAC was below .08 you would have a very reasonable defense.
    Answer Applies to: California
    Replied: 2/24/2012
    Dennis Roberts, a P.C.
    Dennis Roberts, a P.C. | Dennis Roberts
    If under an .08 you should not be charged and if you are you will win it. Hopefully you passed the field sobriety tests. One problem these days is if you don't register an .08 they say you were smoking pot and that's why your BA is low. Good luck.
    Answer Applies to: California
    Replied: 4/15/2011
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