Legal Question in DUI Law in California

Just wanted to know if you get a 2nd DUI will you most likely serve some time for it?

Asked on 11/19/09, 6:04 pm

2 Answers from Attorneys

Robert Marshall Law Office of Robert L, Marshall

Yes. On a DUI with a prior DUI (or wet reckless) within ten years, the judge has to impose a minimum of ten days. You have to serve at least 96 hours in custody, which can be done in two 48 hour stretches. The rest can be done on a work program.

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Answered on 11/24/09, 6:14 pm
Bruce Kapsack Kapsack and Bair - DUI Attorneys, Board Certified in DUI Defense

Not necessarily, it depends on the county. In some counties Mr. Marshall is correct that they insist on 2 weekends of custody time, other counties allow for straight work project, which is ususally cleaning trash, for ten days. Contact a locat attorney to see if they can help.

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Answered on 11/25/09, 10:45 am

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