QUESTION
Will I be thrown in jail if I left California after receiving my second DUI?
Asked on Feb 10th, 2011 on Criminal Law - California
More details to this question:
After my fiance left me for another man I was devastated. I started drinking too much and got 2 D.U.I.s. I did my classes and paid my fine on the first, but as I am deathly afraid of going to prison I left California before my court date. My oldest brother did life in San Quinton and the stories I heard from him totally freaked me out.
10 ANSWERS
Speeding & Traffic Ticket Attorney serving Sherman Oaks, CA
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Law Offices of Phil Hache
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Well, there are a lot of variables here. From what you stated, there is likely a bench warrant issued for your arrest. Also, a failure to appear charge for not showing up in court. How long ago was your 2nd dui? The answer to that would effect my response, but generally speaking, avoiding the issue is not recommended. If you get picked up on the bench warrant, it would hurt your case. Depending on the county your second dui is in, there may be options such as house arrest, or a private jail situation....if in fact a jail sentence is imposed. Keep in mind that prison is different than county jail. Also, your DUI case may be worth fighting and taking it to trial. Call me. If your case is in a county I am not familiar with, I may be able to refer you to an attorney who is familiar with the court your case is in.
Answered on Feb 17th, 2011 at 5:10 PM
Criminal Trial Attorney serving San Jose, CA
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Law Office of Thomas F. Mueller
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There is no danger of prison time on a second offense DUI. It is a misdemeanor and there is no prison possible on a misdemeanor. However there is the possibility of county jail time. To avoid that chance you should hire a good lawyer in the area where it occurred. If it took place in Santa Clara County our firm can help you. We handle many similar cases successfully. Call me.
Answered on Feb 14th, 2011 at 1:58 PM
Criminal Defense Attorney serving Santa Rosa, CA
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Michael T. Lynch
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Jail is for offenses punishable by detention of one year or less. Prison is for offenses punishable by detention of one year or more. Typically an individual would face thirty days in jail for a second DUI. This is assuming no injuries or some other factor which would make the offense a felony.
Answered on Feb 14th, 2011 at 10:28 AM
All criminal cases are fact driven. The answers here are general answers as to what you may expect from the information you have provided. Sometimes on the same facts, courts may come up with different results. You will spend some time in County Jail. How much will depend on the judge and your attorney.
Answered on Feb 14th, 2011 at 9:13 AM
Wrongful Termination Attorney serving Huntington Beach, CA
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Nelson & Lawless
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If there is a warrant for your arrest, then you will be arrested and taken to court if you are caught. As you did not show up in court when you were supposed to be there, then there is a warrant for you. Whether you will be jailed is up to the judge, and depends upon all the facts and issues, excuses, etc. Your attorney will deal with the problem and get you the best plea bargain possible, or take it to trial if appropriate. You can not be sent to prison for a misdemeanor DUI, but you could face jail time. If serious about getting legal counsel to help you handle the mess youve made, feel free to contact me.
Answered on Feb 11th, 2011 at 12:58 PM
You most likely have an outstanding bench warrant for your arrest because you missed court, but your case was fairly minor compared to other cases. You should hire a good lawyer to go to court for you and smooth everything out with the judge. From what you have told me I do not believe this is the type of case in which you would go to jail. If any "official" jail sentence is imposed you would be able to do your time cleaning up trash on the Sheriff's work release program.
Answered on Feb 11th, 2011 at 9:13 AM
Criminal Defense Attorney serving Temecula, CA
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Joseph A. Katz Attorney at Law PLC
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You can relax. I'm sorry to hear about your brother. You are not going to prison. In fact, you cannot go to prison for a misdemeanor, which is what a second DUI is. The maximum sentence you can receive is one year in a County jail, of which you could do no more than eight months. That's not going to happen, either. There is a minimum jail component of 96 hours toten days, depending. The Courts and the District Attorney usually wantten to thirty days in jail, which in almost every county you can serve on a weekend work release program or on electronic detention ("house arrest"). Even after your Failure to Appear (FTA), you should be able, in most jurisdictions, to complete the jail component of your sentence through work release or house arrest. It might add some days to the disposition. Your probation will also have tolled, and will run from the date you are sentenced, or are reinstated on probation.
Answered on Feb 10th, 2011 at 9:28 PM
Criminal Law Attorney serving Oakland, CA
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Dennis Roberts A Professional Corporation
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Hire a competent DUI lawyer. It is doubtful you will get state prison tho you might get some county time. Do NOT try to do this yourself. If you need a referral call me.
Answered on Feb 10th, 2011 at 6:58 PM
You are overreacting. A second DUI has a minimum of 4 days and up to 1 year in county jail, but most do nowhere close to the maximum. Consider hiring a DUI specialist to first recall the warrant then deal with the open DUI. You may be surprised of how good an outcome an experienced DUI attorney can help you achieve.
Answered on Feb 10th, 2011 at 6:43 PM
More than likely you required to spend 10 days to one year in County Jail. Get an attorney.
Answered on Feb 10th, 2011 at 6:28 PM