Orange County 2nd DUI
What are the Penalties I am looking at for a 2nd DUI?
A DUI with a prior conviction DUI or Wet Reckless conviction within 10 years counts as a prior for the purpose of a 2nd DUI.
2nd DUI Penalties with vary if there is a probation vioaltion:
- A second DUI in Orange County carries a mandatory jail time./ The law says the minimum is 96 hours. However, in Orange County prosecutors routinely want 60 -90 days in county jail if there is no probation violation.
- If there is a probation violation then the numbers can go up higher. When there is a probation violation alleged, prosecutors offers can go up to 120 days.
However, it is important to remember that this is only what the prosecutors want out and the courts are an adverserial system. There are alternatives to doing the jail time as will be diuscussed below. .
Know what is going on in your case before you start evaluating your options. It's important to have all the information at your fingertips so you will know which questions to ask.
What Can Happen in Orange County?
What kind of Consequences is a person looking at for a 2nd DUI in Orange County and Is There Jail for a California 2nd DUI in Orange County?
Am I Going to Jail?
Recency of Last DUI
There are a number of things that come into play in answering this question. The most important one is how long ago your previous DUI was? The bottom line is that if more time was in between then there is a better chance of no jail.
Jail time for 2nd DUI in Orange County
A 2nd DUI within a 10 year period in Orange County can land a person in jail for anywhere from 30 days to 90 days if the person has not been in trouble recently. However it can go higher if there is a probation violation and the person is still on probation.
What About a 2nd DUI After 10 years?
In addition to this prosecutors will also consider acts of crimes that are not within the 10 year period to enhance the penalties (A 2nd DUI in Orange County is only possible if a person had a prior DUI within 10 years). For example a person had 3 DUIS but none of them are within the 10 year window but this person has received two within the 10 years. The prosecutors will use this to justify going after more time for a DUI.
It is 11/1/2020. Client had a DUI in 2009 and picks up another DUI in 2020. It is a second lifetime DUI however it is outside the window. Prosecutors can't use it as an allegation but can consider it in sentencing.
The Mandatory is only 96 Hours, Why is Orange County Coming after Me for 90 days on a 2nd DUI?
There is a reason why many people refer to Orange County as the Orange Curtain. For a 2nd DUI in Orange County the state minimum is 96 hours however, standard practice in 2nd DUI in Orange County is a little different that the rest of the state. The bottom line is that if you are convicted 2nd DUI in Orange County Court you are looking at anywhere from 30 days on the low and 90 days on the high end. This is assuming you are not on probation. If you are on probation then the sentence can do higher. It is advisable you make appropriate plans when dealing a 2nd DUI in Orange County.
A 2nd DUI in Los Angeles County may land a person in jail for 96 hours and the person would go into jail and touch the glass and go home. However, that is not the case for a 2nd DUI in Orange County. In Orange County for a 2nd DUI you are looking at Mandatory jail.
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Great lawyer I got 2 d.u.I.'s back to back and he managed to keep me out of jail, worked with me all the way through it and gided me through the process. Not expensive and gave me a chance on making payments what more could I ask for in a lawyer!!
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“EAbout a year ago I made the great mistake of getting a DUI right after getting my degree as a registered nurse. At first I was apprehensive whether or not to get an attorney, because I was already in debt from med school. So I spoke to a handful of lawyers, and after speaking with Hieu, I knew right away this was the man I needed - a decision I did not regret it once..”
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