Legal Question in DUI Law in California

What are the consequences in the in the state of California for a second offense DUI within 10 years?

The BAC of 1st offense .22, BAC of 2nd offense .25.

Second offense was driving with a child under 14.

What construes a felony DUI?

What ramifications would there be with child protective services? (Her ex-husband just got out of a rehab facility for addiction to prescription meds)

Would there be required jail time?

Might she be charged with a separate case of child endangerment? Felony?


Asked on 5/30/11, 10:19 am

2 Answers from Attorneys
Paul Burglin Burglin Law Offices

A second offense non-injury DUI carries a punishment of 96 hours to 1 year in county jail. The high blood alcohol content and the child in the car are aggravating circumstances which will be considered by the prosecutor and judge. She could also be charged with a misdemeanor violation of Penal Code section 273a(b), which carries a punishment of up to one year in the county jail.

She will want to take immediate, proactive steps to demonstrate that she is meaningfully addressing what certainly appears to be alcoholism. This will help her personally and with her court case. CPS could definitely get involved here, as it is likely the arresting agency filed a report with CPS.

She would be well advised to get experienced legal counsel.

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Answered on 5/30/11, 10:30 am
Rick Mueller San Diego County DUI Law Center

DUI Attorney Specialist Burglin is absolutely correct. Paul says it all.

See below for California second offender penalties & enhancement info:

http://www.sandiegodui.com/penalty.html

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Answered on 5/30/11, 11:18 am


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