Found an issue on this page? Let us know and we will look into it as soon as possible.
I have recently received a third dui in CA. My first one was over 12 years ago and my second one will be 8 years July 4th.
Anonymous3 views4 answers
I blew a .20. I was not read my rights, cuffed and was placed in the front seat. They drove my car and parked it on the side of the road near a friends shop. On the way to the jail they pulled another individual over, not making an arrest. On my ticket it says place Ashlan and 99 being the road in which I was pulled over, but it was actually Goldenstate and 99. Just curious to know what to expect.
If your first one was 12 years ago, this would be a 2nd and not a 3rd. The .20 will be a problem and you should consult a DUI attorney in Fresno for a consultation. You may have some issues that should be explored.
For purposes of punishment, the courts and the DMV will treat this as a second time DUI since your first one exceeds the 10 year look-back statute. However, there are some serious consequences associated with what is considered a high BAC at a .20. You must request your DMV Administrative Per Se hearing within 10 days of your arrest so that your driver's license does not automatically suspend on the 31st day after your arrest for one year. Consult with an experienced DUI attorney in Fresno so that you are fully aware of the consequences you may face in your county, but more importantly, to determine the defenses you may raise in contesting these actions.
Amy Katherine GuerraCriminal Defense AttorneyFresno, CA ·
If, as you say, your first DUI occurred 12 years ago, this offense should be treated like a 2nd DUI. 2nd DUIs carry a a minimum of 90 days and maximum of one year, between a $390 and $1000 fine and a 2 year driver's license suspension. Probation can be up to 5 years.
If it were a 3rd DUI, it would require a minimum of 120 days and 3 year revocation, but everything else is the same.
I practice in Fresno; I'd be happy to discuss this with you further. My office number and email are available on my website or profile.
This will actually count as your second because of the time lapse between the first and the third. The minimum sentence is 96 hours in jail on this charge. But remember, that is the minimum.
Elliot Zarabi
www.FreeCriminalConsultation.com
213-612-7720
