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.
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.
A second DUI in Orange County is carries with it 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.It's important to our clients that hey are able to keep their jobs. Without a job a person's life would fall apart. However, this is a conflict with what the courts and prosecutors want.
You need to think long and hard if you are facing a 2nd Offense DUI in California. A 2nd Offense DUI in California carries with it Mandatory jail time and increased license suspensions. The 2nd Offense DUI will also differ depending on which county the 2nd Offense DUI happened in. For example, Orange County and LA County will treat their second time DUI very differently. If you are caught for a second in Orange County then you are facing at least 30 days in jail that you must do short of a few exceptions.
Make an appointment and stay out of jail
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? In my experience in dealing with the local courthouses, a judge will treat a person different after 7 years and will treat the 2nd DUI the same as a first after 9 years of the original DUI. The bottom line is that if more time was in between then there is a better chance of no jail. In the best case scenario, you will handle a capable DUI Attorney who has excellent case results in your courthouse who will beat the case or at least navigate the waters to keep you out of jail and save your car insurance rates.
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 30 days if the person has not been in trouble recently and 90 days if the person is still on probation. This is assuming that there were no accidents.
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.
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. For example, 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. However, this does not mean you should give up all hope and run down the street screaming “my life is over” as there are ways to keep you out of jail and even resolve your case for no jail time.
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.
There are ways around jail time. The first is electronic home monitoring. This is also called house arrest. House arrest is a good alternative if you are in Orange, Riverside, or San Bernardino County, however it is not a good option for LA. There is also an option of city jail. City is private jail. Private jails are considered nicer then public jail. A person will get their cell. However private jails cost more money and must be arranged with the court.
It’s a little more than a traffic ticket. Once you are charged with a 2nd DUI then the consequences and charges will start piling up. If you have been arrested for a 2nd DUI in then you are looking at bail. Courts take 2nd DUI very seriously. There are lots of political consequences for judges who let out repeat offenders and the offenders end up hurting someone. As a result, many judges if not all will require some kind of condition on your first court date to keep you out of jail. They will argue that your first DUI was a warning and the 2nd DUI is a problem.
A 2nd DUI is a serious matter. You may need to consider the possibility of posting bail for your DUI. If your case is in one of the Orange County Courts , then you will have additional things to worry about. No judge wants to be the one who let out a drunk driver and the driver killed a person.
The court may require putting up bail as a condition of your release for a 2nd DUI. Bails usually involve felonies and more serious crimes where the public can be hurt. However, DUI is an exception. The court will want bail for 2nd DUIs especially in Orange County. Bail can work in two ways. You can give the court collateral such as the cash amount in bail. Bail on a 2nd DUI in Orange County is usually $10,000. However, the problem is that not everyone has 10,000 lying around. The second option is to have a company put up the money for you.
One way to avoid being held in jail while awaiting your case to resolve is to post bail; another way is to get the court some kind of assurance that you will not go out and drink and drive. The bail does this by telling the court that it will be forfeited if you out and eliminate the conditions of your bail.
A bail company will be able to help you. A bail company will have money laying around for this purpose. You will have to pay the money to the bail company in order to use their money. This is called a premium. Bail companies charge 10 percent of the amount. You are looking at paying 1,000 for a 10,000 bail. There are lots of shady bail companies out there. You need to pick the right bail company. Chances are that you will have to bail out of a 2nd DUI even if you have a valid defense for your case. The facts of your case and the evidentiary hearing are saved for a later date. In addition to this when you use the bail company, you are paying to use their money and even if your attorney dismisses your case, you will not get your premium back.
If you haven't already, the court will want you to post bail. Bail on a second DUI in Orange County is $10,000. If you're on probation, it's an additional $15,000 that makes it 25,000 in all. Lots of times as you get out of jail, you have to post bill on a second DUI. So this should be taken care of already. However, the sheriffs often let people out without posting bill. That means that once you get to court, the court will be looking to remand you or take you into custody if bill is not set. Alternatively, you can get into AA and start doing your AA classes and make a pitch to the judge that you are not a danger to society.
If the judge considers that you are not a danger to society, she or he may let you out on OR which means that you are being released on a promise to appear. In addition to that, you promise to do your alcohol classes and AA classes as you're out of custody on a second DUI, you're looking at anywhere from 60 to 120 days of jail in orange County. In order to stay out of jail in orange County, you need to get into some kind of electronic home monitoring.
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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!!
“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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“To the client, every angle is important, there’s a number of questions, and each person also have their own worries. Some will need a person to listen to them. At the end of the day, it’s more than just delivering legal results. I put a 110% into every person I work. I strive to make sure everyone knows what is going on and is kept in the loop as the case goes on. The practice of law is more than just getting the results in court.” -Hieu Vu