QUESTION
What charges am I looking at for my second DUI?
Asked on May 20th, 2013 on DUI/DWI - New Mexico
More details to this question:
I got into a head on collision with my two children in the car and they were both injured. I had no alcohol in my system just my prescription meds, xanax and methane, which was a 3 year old prescription. The cop took my blood at the hospital.
7 ANSWERS
Criminal Defense Attorney serving Alhambra, CA
at
Francis John Cowhig
Update Your Profile
Depending on how long ago your first DUI was, you are looking at a possible jail sentence of 90 days to 1 year, a fine of $390 to $1,000 plus penalty assessment which raises the fine to approximately $1,800 on the low end, a 2 year license suspension, possible car impound of 1 to 30 days and a minimum 18 month drinking driver program. The accident with your 2 children in the car can add additional charges such as child endangerment, child neglect, etc. which could add additional jail time and penalties. If you have not already retained an attorney, I suggest that you do so as soon as possible.
Answered on May 22nd, 2013 at 12:55 AM
Criminal Defense Attorney serving Oakland, CA
at
Kapsack & Bair, LLP
Update Your Profile
Depending on the injuries you could be looking at a felony DUI and child endangerment charges. This is obviously a very serious case, you should contact a DUI lawyer to discuss the facts of your case and the possible outcomes.
Answered on May 22nd, 2013 at 12:26 AM
Chapter 7 Bankruptcy Attorney serving Appleton, WI
at
Sisson & Kachinsky Law Offices
Update Your Profile
What state do u live in?
Answered on May 21st, 2013 at 11:50 PM
Take a look at this chart: http://www.theduispecialist.com/dui_penalties.html
Answered on May 21st, 2013 at 9:09 PM
Geoffrey MacLaren Yaryan
The fact that it is a second time offense doesn't appear to be your biggest problem. In California an injury accident can be filed as a felony and if the children were minors then felony child endangerment can also be filed. The fact the drugs were prescription is irrelevant if you drove and they impaired you ability to drive safely then that is considered a dui drugs.
Answered on May 21st, 2013 at 1:09 PM
Retain a local DUI attorney now. You face a 2nd DUI offense, possible child endangerment, and if the children were seriously injured, causing injury. These can be felony chargers and because it is a second offense in a lifetime, the stakes are higher. Prescription DUI is tough to prove. Your attorney can discuss potential trial defenses and/or anything that can get the charges reduced.
Answered on May 21st, 2013 at 12:46 PM
You may be charged with 2 counts of child abuse, in addition to the DUI. Depending on the severity of the injuries to your children, you could be charged with either first degree child abuse, which carries a mandatory 18 years in prison for each count, or if the injuries were not severe, with third degree child abuse, which has no mandatory time but up to 3 years in prison per count. Either way, these are extremely serious charges and you need to consult with an experienced criminal defense attorney immediately. If you are first degree child abuse charges, I would highly recommend an attorney with experience in child abuse cases.
Answered on May 21st, 2013 at 12:19 PM