i was driving my vehicle on a suspended license and fell asleep, my car went off a an embankment on the freeway. a cop was behind me and saw me veer off the road. I was arrested for driving on a suspended license and I also had alcohol in my system which put me in violation of a previous dui. my car didn't get impounded and I was out of jail in 6 hours, what is the worst case scenario? this will be the 3rd alcohol related arrest in 10 years ( 1 wet wreckless, 1 dui, and 1 driving on a suspended with alcohol in my system) and I have nothing else on my record. Am I facing jail?
2 Answers from Attorneys
If the suspension was because of the DUI, then the applicable Vehicle Code is 14601.2 which has a mandatory sentence of 10 days jail, a $300 fine, and you must install the Ignition Interlock Device on your car, in addition to probation again. In addition, you will have a probation violation on the DUI, which could be additional jail (up to 1 year if you were treated as a 2nd offender on that case). This does not mean you will actually get any jail at all. An attorney can help you maximize your chance at staying out of jail.
Under Vehicle Code Section 14601.2 (driving on a suspended license due to your prior conviction for DUI) there is a minimum mandatory jail sentence of 10 days in the County Jail, a fine of $300 plus penalty assessments (which is likely a fine of at least $1000), as well as being placed on summary probation. If you were on summary probation for a DUI at the time you were driving on a suspended license, that would be considered a violation of your probation because as part of your probation you are to obey all laws that includes driving with a valid driverís license. A violation of probation on a second DUI has a maximum exposure of one year in the County Jail. There are many ways to defend you in both you driving on a suspended license case and on any probation violation. Give us a call at (800) 775-2402 and we can assist you in looking at alternative sentencing options in the hopes of having you avoid additional jail time.
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