Question: I was recently arrested for a 2nd DUI in San Fernando, CA. I have another DUI in Santa Clarita from a few years ago. I have been hearing a lot of different things from people who are not necessarily DUI attorneys. Like, I will get 90 days or more in jail minimum. I did the tests the officer asked me to do and had a BAC of .22.
I was pulled over for driving without my headlights on. I was behind a police officer who must have seen me in his rearview mirror.
I was arrested and booked for the DUI. I have an upcoming court date in San Fernando Court and I was wondering what can I expect. Is this something that a DUI attorney can help with? I am assuming the answer is yes, but really looking for more information.
Also, want to know how much jail time will I have to serve on something like this?
Answer: There is so much information online about what to expect from a DUI conviction, and a lot of the information is conflicting.
There are many variables that can affect a penalty for a DUI. In your case there are two clear enhancements to the DUI. The first enhancement is that you have a prior DUI in Santa Clarita, so this DUI in San Fernando will be treated as a second DUI if it occurred within 10 years of the 1st DUI.
If you are sentenced on a 2nd offense DUI, there is mandatory jail time, along with an 18 month alcohol class, expensive fines, 12 month interlock device, 2 year driver’s license suspension, probation, and other potential penalties such as AA meetings and/or community labor, etc. The high BAC will also be an enhancement and a prosecutor is going to want additional penalty on top of the 2nd DUI penalties.
There can be additional enhancements as well, for instance, if you had children in the car when you were pulled over, or other penalties if you were still on probation for the 1st DUI when arrested on the 2nd DUI (ie. Probation violation).
This does not necessarily mean that there is no way around that of course.
In order to avoid a sentence that includes jail time, you would have to get the DUI reduced to a lesser offense. It is possible even in cases that have an alleged high BAC level like yours. A good DUI attorney is key in mitigating potential consequences. Call me at (818) 336-1384 to discuss further.
San Fernando DUI Attorney, Los Angeles County DUI Attorney