Legal Question in DUI Law in California

My son has his 2nd dui and an old warrent for a mis. hit and run 2006 we thought was taken care of, the person was not hurt and their car was repaired by the insured owner of the car. His 1st DUI was in Ventura Jan 2008 and taken care of time served, the 2nd was in in the Antelope Valley and when he turned himself in in Lancaster he was arrested for the warrent on the hit and run. My question is what is the max and min sentence he is looking at. Concerned Mother


Asked on 8/17/09, 8:52 pm

1 Answer from Attorneys

Joe Dane Law Office of Joe Dane

He faces a new second DUI, which is a misdemeanor and carries up to a year in county jail. He also faces a violation of probation for his first DUI as well as the hit and run. The first DUI carries up to 6 months in county jail and the hit and run (assuming it was a misdemeanor and nobody was hurt) carries up to another six months. In total, his maximum is around 2 years (more if they tack on things like driving on a suspended license, which I'm almost certain they will, as I don't think with these issues your son's license was valid at the time of the newest case).

The statutory minimum is 96 hours in custody, but given that he faces 3 driving crimes, two of which are DUIs in close proximity, I think his plea offer is going to be substantially higher than the minimum. Without knowing the particular judge he faces and any other facts of the case(s), I can only venture a guess that he's looking at several months in custody unless they are willing to offer him a live-in residential alcohol treatment program in lieu of jail.

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Answered on 8/18/09, 9:06 am


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