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Anyone have a second DUI in California?

Old 12-09-2010, 01:21 PM
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Unhappy Anyone have a second DUI in California?

My son totaled his truck (nobody else involved, thank God) on Saturday. It was his second DUI in just under 5 years. Does anyone in CA have any info on what we can expect as a result of this?
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Old 12-09-2010, 01:42 PM
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I have 2 DUI's in california. Being that he crashed his car and even though he didn't injure anyone a dui in California when you cause crash is normally a felony dui. If he gets it dropped to a misdemeanor dui he'll be looking at an 18 month dui class. I suggest he speak to an attorney as soon as possible. I didnt crash in my second and I was able to get my restitution reduced to $500 plus court fees and such it came out to a little more than $2000. All in all he's looking at spending a minimum of $10000 after all is said and done.
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Old 12-09-2010, 03:24 PM
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Just google your state laws or ask his lawyer, since he will need one.
Have personal experience here in Arizona and looking back now, it was the one of the best things that ever have happen to me. Sure got me to look at myself, to get help and to stop drinking. So grateful that I never hurt anyone, because I sure could have.
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Old 12-09-2010, 03:57 PM
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Originally Posted by johndelko408 View Post
I have 2 DUI's in california. Being that he crashed his car and even though he didn't injure anyone a dui in California when you cause crash is normally a felony dui. If he gets it dropped to a misdemeanor dui he'll be looking at an 18 month dui class. I suggest he speak to an attorney as soon as possible. I didnt crash in my second and I was able to get my restitution reduced to $500 plus court fees and such it came out to a little more than $2000. All in all he's looking at spending a minimum of $10000 after all is said and done.
John, Do you mind me asking you how long ago your second DUI was? Any chance that he will have to do any jail time? Will definitely get an atty.
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Old 12-09-2010, 04:26 PM
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I would get a professional opinion with a lawyer who handles DUI's. They usually do free consultations. Every case is different, every state law is different, every county is different. Did he blow in the breathalizor or not? Did he injure someone in the crash? Did he blow higher than .18 BAC? Is this his second DUI in a year? Did he have a valid license at the time? You don't have to answer these questions my point is that Dui's are a very complex legal matter & everyone will have their own experiences & stories. I have 2 DUI's and never did jail if that helps at all.
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Old 12-09-2010, 04:41 PM
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I'd agree with jf1. Walking into a courtroom in Ca without a lawyer is like walking into a gunfight with a knife. Expect to lose. Have him go to a sober recovery institution like AA and start getting signatures for attendence. He'll need that too. Good luck. Maybe he's one of us, who knows? Bruce
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Old 12-09-2010, 04:42 PM
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Just briefly looking at the CA DUI laws I found:

Subsequent Convictions

If you are convicted of a second or third DUI, you will lose your license for two to four years. Once the revocation period has ended, and you have completed a nine-month DUI course, you may be permitted to drive a vehicle as long as it has an ignition interlock device (IID) (you have to blow an alcohol-free breath into the IID to start your car). You will not be granted a restricted license allowing you to drive to and from the DUI course.

This is the link: California DUI & DWI Laws & Enforcement - DMV Guide

One acquaintance of mine had their second DUI and had to spend 3 days in jail plus the usual fines and restrictions.
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