2nd felony DUI?

Given the fact that he's already on Felony Probation for DUI, there's almost no possibility that he will escape jail time. How much will depend upon the judge and so many other variables that its impossible to offer an idea on it. He will also likely face a Violation of Probation as well as the new charges. He obviously needs an excellent experienced criminal defense lawyer and right away. Good luck. If this is helpful, please click the thumbs up button below. Thanks.

2 things. One, your boy needs a good criminal defense attorney here in California. Two, a NY attorney should not be answering this question. What happened with the first case? Need the specifics. You say sentenced to 5 months, but that could mean he got 3 years dependent upon his probation. Contact me via email. I am in Southern Ca. but know many counsel by you who may be of help.

If someone has been convicted of a new DUI in the past ten years, ANY new DUI can be charged as a felony. It is a "wobbler," meaning it can be reduced to a misdemeanor, but that is unlikely since he's already on felony probation. The maximum sentence for his DUI with injury, Vehicle Code 23153, is three years in state prison (assuming there aren't any other allegations, like great bodily injury, that could increase the sentence). For violating his probation, the judge could give him anything up to the maximum, minus credit for the five months he already served. A new felony DUI adds eight months to his potential sentence. It does not matter that your boyfriend was not at fault in his latest drunk driving accident. He still committed the crime of DUI if he was under the influence and, depending on the conditions of his probation, he probably violated probation by driving with ANY alcohol in his blood, and possibly by drinking at all. Mr. Shafer is correct -- a New York attorney has no business answering this question. Mr. Robinson's prolific answers to questions he is unqualified to answer have earned him the "Pimp of the Week" on a new blog at http://pimpmyavvorating.blogspot.com (No, it's not my blog.) Please understand that this is a general discussion of legal principles by a California lawyer and does not create an attorney/client relationship. It's impossible to give detailed, accurate advice based on a few sentences on a website (and you shouldn't provide too much specific information about your legal matter on a public forum like , anyway). You should always seek advice from an attorney licensed in your jurisdiction who can give you an informed opinion after reviewing all of the relevant information.