Legal Question in DUI Law in California

Second offense D.U.I. What can I expect?

I am writing with a couple of concerns about an upcoming case that I will be charged with D.U.I I am 20 years of age and at the time of the incident, I was 19. In November of 1998 I was cited for a BAC of .05. I was not taken to jail, but I did receive a 1 year suspension from the DMV. On September 23, 2000, I was involved in an accident. Although the driver of the other car was at fault, I was asked to take a breath test. My results of that test were .089 and .099. I was ticketed for D.U.I and was taken to jail where they administered a blood test that came back at .08. The driver of the other car was taken to the hospital. Is there a standard procedure or penalty for this action? What can I expect and would seeking my own attorney help? I have also requested an Administrative hearing with the DMV which is scheduled for November 16. I have read the back of my temporary license and it states that first offense results in a 1 year suspension and second offense within 7 years is a 2 year revocation. What can I expect here and is there anything that an attorney can do? I need and must have a license to get to and from work.


Asked on 10/23/00, 1:55 pm

2 Answers from Attorneys

Stephen Sitkoff Takakjian & Sitkoff, LLP

Re: Second offense D.U.I. What can I expect?

Hello, you are facing some extremely serious penalties. Not only are you a second DUI offender, you are under 21 and were involved in a traffic accident with injuries. If the injuries were serious you may face felony charges. Even if you are only charged with a misdemeanor you will likely be facing some jail time. You are also facing possible license revocation, ignition interlock device placement, high fines, 18 months of alcohol class and probation. It is a good thing that you requested the hearing. It was a wise first step but you will need experienced counsel if you wish to be successful. Our firm has over 50 years of experience in handling criminal matters. All f the facts surrounding your case must be carefully examined in order to protect you. Call us for a free consultation. 1-800-327-4652.

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Answered on 11/29/00, 11:52 am
Neil Newson Neil C. Newson & Associates

Re: Second offense D.U.I. What can I expect?

YOU NEED AN ATTORNEY AND YOU NEED IT NOW. THERE IS A HIGH PROBABILITY THAT YOU WILL BE CHARGED WITH A FELONY--DUI CAUSING INJURY. TRY TO FIND A LAWYER WITH KNOWLEDGE OF BOTH CRIMINAL AND PERSONAL INJURY LAW. IF YOU CAN'T AFFORD A LAWYER, VISIT THE PUBLIC DEFENDERS OFFICE AND TRY TO HAVE A MEETING BEFORE YOUR ARRAIGNMENT. YOU CAN CONTACT ME IF YOU CAN'T FIND A LAWYER IN YOUR AREA AND I WILL TRY TO HELP.

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Answered on 11/18/00, 10:36 am


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