What will happen to me in court for my 2nd dui prior i had one was 8 yrs ago

Do you mean you have ONE prior conviction from eight years ago, and were recently arrested for a new DUI? DUI is a misdemeanor unless someone is injured or killed, or you have a prior felony DUI within the past ten years. On a misdemeanor DUI, your penalties will increase for each additional DUI conviction within ten years. If you are convicted of a second DUI, you are looking at a minimum of ten days in jail and a two year license suspension. A third offense will get you at least 120 days, and a fourth can send to you to prison for three years. If you are convicted of a second DUI, no matter how long ago the first one happened, you can never get a commercial drivers license in California, either. Of course, for ANY of that to happen, they have to convict you first. An experienced DUI lawyer can help you get the best possible result. If you can't afford to hire your own attorney, the judge will appoint the public defender when you go to court. Remember, DMV will automatically suspend your license unless you request a hearing within ten days. A DUI attorney can help you with the hearing process, too.

As indicated by Mr. Marshall, there are certain mandatory consequences for a second DUI conviction. Prior convictions can be used against you for 10 years. It's measured from the date of the offense to date of the new offense. As with any DUI case, what will happen depends mainly on whether or not you're convicted of DUI or not. The blood alcohol level, driving observed by law enforcement and other details will matter. Your attorney (yes, you need one) will be able to assess the case after a review of the reports. Next, your attorney should be examining the prior to see if there are any issues with the validity of it as a prior conviction. Sometimes, there are glitches in the paperwork that can invalidate a prior plea. And lastly, be sure to request your DMV hearing within 10 days of your arrest in order to challenge any suspension of your license.

Previous answers focussed on what potential penalties exist if you get convicted. Since there is no way to know how your case will come out, the first thing you need to do is get a DUI lawyer who can examine your case and help determine what needs to be done for the first court appearance. In some counties, walking into court on a 2nd DUI can be a shocker. Judges may want you to do AA meetings, wear a SCRAM (alcohol monitoring) device on your ankle while the case is going on, or set a bail that puts you in jail. This is why consulting with and hiring an experienced DUI lawyer who practices in the county of your arrest is very important BEFORE you go into court. In some counties, the lawyer may advise proactive measures before that first court date. High Blood Alcohol levels, accidents, or something like kids in the car can also get a court to impose the above requirements while your case is pending.

2nd time DUIs in San Diego County have a minimum of 96 hours jail.

For most part, counsel are correct. Just make sure you get the most experienced and aggressive San Diego DUI attorney out there. Don't be fooled by flashy websites. Look hard and cold at actual credentials as it relates to being a California DUI Lawyers Association Specialist. Fortunately, the internet is a great way to filter out the flash from the premier lawyers. .com is very helpful. Money should not be the most important part of your decision as: Good DUI Lawyers are not Cheap. Cheap DUI Lawyers are not Good.

The San Diego Superior Court website has standard sentencing guidelines for misdemeanors. For a second-time DUI in San Diego, it's a minimum of 96 hours in custody, a $2,408 fine, and at least five days of public work service (depending on your blood alcohol level). If your second DUI is in North County, the judge will require you to do at least 48 hours consecutive in custody, meaning two weekends in custody, with no early release, I believe. The DMV will address your license suspension and there will be a mandatory 30-day impound of your vehicle.