Legal Question in DUI Law in California

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?

Asked on 9/16/13, 4:54 pm

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.

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Answered on 9/16/13, 5:14 pm

Darren Kavinoky The Kavinoky Law Firm

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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Answered on 9/16/13, 6:09 pm

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