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Posted on October 8, 2014

A 2nd DUI in 10 years – San Diego County?

DUI arrestWhen we bail a person out for driving under the influence, we often get asked by the defendant if they will go to jail for a 2nd DUI or how long they won’t be able to drive?“ We inform them we are not Attorney’s, therefore do not have a qualified answer for those questions, but a competent attorney should.

When an individual gets a 2nd DUI within 10 years, there are greater consequences than with the first DUI. The typical result for a 2nd DUI, with blood alcohol level under .15 will result in 96 hours of custody, an 18-month approved drug and alcohol program, and a fine of approximately $2500. The drug and alcohol programs are administered all over San Diego County commercially and involve a couple hour per week class on the “evils” of drinking and driving. But recent legislation has caused such an overcrowding of the jails that the courts, with the concurrence of the prosecutors, are finding alternatives to actual jail time.

The 2nd DUI must be taken seriously, however, it’s not unusual for a defendant in San Diego County not go to jail on a 2nd DUI. They will have to be sentenced to jail, but the courts could sentence them to serve 96 hours in home confinement with a SCRAM device attached to their ankle. Some Courts will agree to the SCRAM in lieu of actual jail time, but not all Judges in San Diego County impose the same punishments. This time technology has come to the aid of the accused. The SCRAM device is both an alcohol monitor and location monitor. There are fees, of course, but the cost is nowhere as severe as having to spend time in the county jail locked up with others who may not be like the defendants regular friends.

Unless a defendant prevails at their DMV hearing and not plead to a 2nd DUI, defendants who plead to a 2nd DUI can count on their license being suspended. The DMV can suspend their license for a year and once the DMV gets the record of the plea from the court, their license will be suspended for an additional two years. The defendant can apply for a restricted license after 90 days of actual suspension, which should be granted upon showing proof of SR22 insurance. This restricted license will allow driving to and from work or school. If there is an IID (ignition interlock device) installed, a defendant may be able to get a restricted license that allows them to drive anywhere, as long as they’re driving a car with IID installed.

There are nuances for particular situations but generally this blog address’ the general questions of jail time and license suspension for a 2nd DUI. But individual cases are unique and what information is here may not apply to you or your case as consequences could be much different if a chemical test is refused, blood alcohol is higher, or if an accident happened.

As with everything it’s a case-by-case kind of result.




Source by Attny Robert Gomez

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