Legal Question in Criminal Law in California

Re: Dui

2nd DUI in ten years gets you mandatory penalty enhancement and jail.

Re: Dui

Unfortunately, current law provides for a 10 year period so you are facing a second DUI. Get a lawyer or at least consult with a couple. Second time DUI carries 96 hours minimum jail time, 1 year license suspension and 18 month alcohol program.

Make sure not to blow the 10 day deadline in contacting the DMV to request a hearing.

The fact that your first DUI took place 9 years ago will be in your favor and a skillful attorney should be able to use it to your advantage. Of course, your case might be entirely defensible although it is impossible to tell based on the information you provided.

Feel free to contact my office for additional non-binding consultation.

Jacek W. Lentz, Esq.

310.273.1361

www.lentzlawfirm.com

Re: Dui

It will be a second.

DO YOURSELF A HUGE FAVOR AND ON TUESDAY, CALL THE DMV OFFICE OF DRIVER SAFETY AND REQUEST AN ADMIN PER SE HEARING.

Mandatory minimums on a second DUI within 10 years include the 18-month DUI school, one-year license suspension, about $1800 in court fines and fees, and 96 hours jail (although most defendants receive more jail-- about 45-60 days).

DUI's never "fall off" your record. The statute just lists punishment as having certain mandatory minimums, which increase under certain circumstances. The law applies to everyone when it goes into effect. So today, for example, they could change the DUI law to punish someone who had gotten a speeding ticket in the last 20 years with some added punishment. It wouldn't mean that in 20 years, that DUI falls off; it just means we look to the particular factors listed to determine minimum punishments.

Those mandatory minimums apply, of course, where there is a conviction. Much can and does happen to avoid that unfortunate result. My DUI consultations are free and I do them by telephone if you prefer. They take some time, as there is much to know and to consider before you make some pretty far-reaching decisions.

Jacqueline Goodman Rubio

www.californiadefenselawyer.net