Will I be thrown in jail if I left California after receiving my second DUI? 14 Answers as of February 24, 2012

After my fiance left me for another man I was devastated. I started drinking too much and got 2 D.U.I.s. I did my classes and paid my fine on the first, but as I am deathly afraid of going to prison I left California before my court date. My oldest brother did life in San Quinton and the stories I heard from him totally freaked me out.

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Law Office of Thomas F. Mueller
Law Office of Thomas F. Mueller | Thomas Mueller
There is no danger of prison time on a second offense DUI. It is a misdemeanor and there is no prison possible on a misdemeanor. However there is the possibility of county jail time. To avoid that chance you should hire a good lawyer in the area where it occurred. If it took place in Santa Clara County our firm can help you. We handle many similar cases successfully. Call me.
Answer Applies to: California
Replied: 2/14/2011
LynchLaw
LynchLaw | Michael Thomas Lynch
Jail is for offenses punishable by detention of one year or less. Prison is for offenses punishable by detention of one year or more. Typically an individual would face thirty days in jail for a second DUI. This is assuming no injuries or some other factor which would make the offense a felony.
Answer Applies to: California
Replied: 2/14/2011
Law Office of Eric Sterkenburg
Law Office of Eric Sterkenburg | Eric Sterkenburg
All criminal cases are fact driven. The answers here are general answers as to what you may expect from the information you have provided. Sometimes on the same facts, courts may come up with different results. You will spend some time in County Jail. How much will depend on the judge and your attorney.
Answer Applies to: California
Replied: 2/14/2011
Nelson & Lawless
Nelson & Lawless | Terry Nelson
If there is a warrant for your arrest, then you will be arrested and taken to court if you are caught. As you did not show up in court when you were supposed to be there, then there is a warrant for you. Whether you will be jailed is up to the judge, and depends upon all the facts and issues, excuses, etc. Your attorney will deal with the problem and get you the best plea bargain possible, or take it to trial if appropriate. You can not be sent to prison for a misdemeanor DUI, but you could face jail time. If serious about getting legal counsel to help you handle the mess youve made, feel free to contact me.
Answer Applies to: California
Replied: 2/11/2011
The Law Office of Harry E. Hudson, Jr.
The Law Office of Harry E. Hudson, Jr. | Harry E. Hudson, Jr.
While you would go to jail (DUI and perhaps the FTA) as it is a condition of either probation or punishment if you refuse bail, It is not prison.
Answer Applies to: California
Replied: 2/11/2011
    The Morales Law Firm
    The Morales Law Firm | Chris Morales
    You most likely have an outstanding bench warrant for your arrest because you missed court, but your case was fairly minor compared to other cases. You should hire a good lawyer to go to court for you and smooth everything out with the judge. From what you have told me I do not believe this is the type of case in which you would go to jail. If any "official" jail sentence is imposed you would be able to do your time cleaning up trash on the Sheriff's work release program.
    Answer Applies to: California
    Replied: 2/11/2011
    Law Offices of Phil Hache
    Law Offices of Phil Hache | Phil Hache
    Well, there are a lot of variables here. From what you stated, there is likely a bench warrant issued for your arrest. Also, a failure to appear charge for not showing up in court. How long ago was your 2nd dui? The answer to that would effect my response, but generally speaking, avoiding the issue is not recommended. If you get picked up on the bench warrant, it would hurt your case. Depending on the county your second dui is in, there may be options such as house arrest, or a private jail situation....if in fact a jail sentence is imposed. Keep in mind that prison is different than county jail. Also, your DUI case may be worth fighting and taking it to trial. Call me. If your case is in a county I am not familiar with, I may be able to refer you to an attorney who is familiar with the court your case is in.
    Answer Applies to: California
    Replied: 2/17/2011
    Law Office of Michael Bialys THE DUI MAN
    Law Office of Michael Bialys THE DUI MAN | Michael Bialys
    The truth is their is a 96 hour mandatory minimum on a second DUI however their may be some alternative sentencing solutions. You have to know that if you skip a warrant will be issued which will make matters even worse. it is probably best to contact a lawyer to help you with this.
    Answer Applies to: California
    Replied: 2/24/2012
    Law Office of Joseph A. Katz
    Law Office of Joseph A. Katz | Joseph A. Katz
    You can relax. I'm sorry to hear about your brother. You are not going to prison. In fact, you cannot go to prison for a misdemeanor, which is what a second DUI is. The maximum sentence you can receive is one year in a County jail, of which you could do no more than eight months. That's not going to happen, either. There is a minimum jail component of 96 hours toten days, depending. The Courts and the District Attorney usually wantten to thirty days in jail, which in almost every county you can serve on a weekend work release program or on electronic detention ("house arrest"). Even after your Failure to Appear (FTA), you should be able, in most jurisdictions, to complete the jail component of your sentence through work release or house arrest. It might add some days to the disposition. Your probation will also have tolled, and will run from the date you are sentenced, or are reinstated on probation.
    Answer Applies to: California
    Replied: 2/10/2011
    Dennis Roberts, a P.C.
    Dennis Roberts, a P.C. | Dennis Roberts
    Hire a competent DUI lawyer. It is doubtful you will get state prison tho you might get some county time. Do NOT try to do this yourself. If you need a referral call me.
    Answer Applies to: California
    Replied: 2/10/2011
    Law Office of Jeff Yeh
    Law Office of Jeff Yeh | Jeff Yeh
    You are overreacting. A second DUI has a minimum of 4 days and up to 1 year in county jail, but most do nowhere close to the maximum. Consider hiring a DUI specialist to first recall the warrant then deal with the open DUI. You may be surprised of how good an outcome an experienced DUI attorney can help you achieve.
    Answer Applies to: California
    Replied: 2/10/2011
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