Second time DUI
Orange County 2nd DUI - Staying Out of Jail
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.
What are the punishments for a 2nd DUI in Orange County?
- 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, your blood alcohol concentration, whether or not you are still on your license suspension, any substance abuse and whether or not this is a felony.
Do I Need a DUI Attorney For A 2nd DUI in Orange County?
Yes. You will need an attorney to avoid the penalties associated with the criminal action on 2nd DUI in Orange County within ten years.. The attorney will analyze your arrest, the circumstances and help you reanalyze the blood tests you were ordered to do. With the legal representation your team will go over whether the police officer stop at the time of driving was legal(make sure your rights as a defendant was not violated by the police officer during the stop) and whether the field sobriety tests was done correctly. In addition, most dui lawyers will represent you on the administrative action (administrative per se) with department of motor vehicles, walk you thru the license suspension period, and depending on the terms of the agreement will represent you at jury trial.
Your dui lawyers wil determine whether you were over the legal limit for the chemical test and determinewhether these are any collateral consequences to your professional licenses. They will also represent you at court for the purpose of reducing your jail sentence(probation terms formal/informal probation, the amount of community service you will be subject to for your dui offense ). In addition, if you are in a treatment oprogram it is also possible to get credit for that when considering your sentencing. for the purpose of getting you the minimum jail sentence and even informal probation instead of formal probation..
Jail time for 2nd DUI in Orange County
A priorable offense 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 the first time dui just occured recently (probation violation) the defendant was driving outside their driving privilege (not obeying restricted license), the chemical reading was high, and other circumstances
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 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..
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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