This is my second dui in a year. Will I have to do jail time? By getting an attorney, what should I expect as an outcome?

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is it mandatory to do jail time, How will I be able to drive to work if I loose my drivers license, will I be granted a restricted license?

Attorney Answers

3
Matthew MurilloEstate Planning AttorneyRedlands, CA ·
There is mandatory jail time, however, you may be able to serve it through some sort of alternative such as the County Work Release program. The problem you have is that you are still on probation for the first DUI, so you are not only looking at consequences of a 2d DUI, but also consequences for violating probation. Unfortunately, DMV and the DA don't care that you need your license to get to work. They will just see that you were recently convicted of DUI and now have another. If you are convicted, your license could be suspended for 2 years and you may be able to get a restricted license after 90 days. HOWEVER, if convicted, you will also probably be looking at a Negligent Operator license suspension depending on the timing of the convictions. You should definitely contact an experienced attorney to discuss your case and don't forgot to schedule a DMV hearing within 10 days from the date of arrest. Otherwise, DMV will be able to automatically suspend your license if ANY alcohol shows up, based on the arrest. For your convenience, i've added a link below that details what the typical consequences are of a DUI (including a second offense) in Riverside County. As I mentioned, though, you will also be looking at a probation violation which will increase any punishment.
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Dan Chambers ·
A second time DUI carries with it mandatory jail time, although you may be able to get an alternative to spending time in jail. Also, a restricted license is possible, but there are several requirements that you will need to fulfill before it can be issued. You are also looking at a probation violation from your first conviction, although it may be possible to package it together with your new case for disposition. But you need to develop any defenses that you might have to the second case. Contact some attorneys and discuss the specifics of your case. Many of us on provide a free consultation.
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Jasen Nielsen ·
The bottom line is that you need to talk to a locally experienced DUI. If you were convicted of the first DUI before you got the second, then you are almost assuredly on probation for the first DUI. If you're on probation for the first DUI, and you either lose or did not request a DMV hearing on the second, then you will not be eligible for a restricted license for at least a year. Hire an attorney ASAP and good luck. Jasen Nielsen
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