Legal Question in DUI Law in California

My friend has two strikes for drug trafficking and was just recently charged with driving under the influence of heroin. My question is what is the likeliness that he will receive jail time?


Asked on 2/10/13, 2:42 pm

3 Answers from Attorneys

Zadik Shapiro Law Offices of C. Zadik Shapiro

First of all drug trafficking cases are not strikes. Second, depending upon any prior DUI's or whether an accident occurred a first offense driving under the influence is probably a misdemeanor and rarely results in much jail time but with the prior drug convictions it is possible. There are many possible negative consequences of a conviction and your friend needs a good lawyer. He/she should sit down with the lawyer, answer all of the lawyer's questions, and then the lawyer will be able to better advice.

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Answered on 2/10/13, 2:58 pm
Joe Dane Law Office of Joe Dane

99% of drug offenses are NOT strikes, so they are unlikely to have any effect on his current misdemeanor. A first time DUI typically does not carry any jail time (unless he is on probation or parole).

There is a charge - under the influence (Health & Safety Code 11550) that does carry a 90 day sentence.

Until you know all the details, assume the worst and hope for the best with the best attorney you can get.

You need a good criminal defense attorney. I'd strongly suggest you find someone who focuses on criminal law and who routinely practices in the court where this case will be heard.

Please pardon any typos - posted via mobile device.

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Answered on 2/10/13, 4:04 pm
Terry A. Nelson Nelson & Lawless

He needs to hire an an attorney to try to avoid time, with that record. .

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Answered on 2/11/13, 5:31 pm


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