2nd DUI on a 2nd Violation of Probation?

Question

I have just been arrested for a 2nd DUI giving me a second violation of probation. I would like to know what would most happen to me if i got a legal private lawyer to fight for me with a BAC of .08% & with this violation. I work and cooperate well with my probation officer. I also go to college and work. Will the judge take that into consideration? Any info on what may happen would be great.

Answer 1

i dont know what state youre in because DUI laws are different in each state. in Tennessee the penalty for 2nd DUI is a minumum of 45 days in jail. a 2nd violation of probation (misdemeanor probation) is 60 days. add those up and you get a total of 105 consecutive days in jail. however in Tennessee there is something called the ADAT (alcohol and drug abuse treatment) this program is designed for the multiple DUI offender. If you have more than one DUI you can ask the judge (or your lawyer can ask) for a 28 - day treatment program that counts as jail time. you will most likely have to finish out your jail sentence but in some cases, depending how well you do in treatment, the judge can suspend your remaining jail time. sounds like a combination of treatment and jail time would benefit you. its the only thing that saved my life. even with a public defender you should find out what the laws are in your state and if there is a possible option of seeking treatment. most judges look highly upon a person who asks for help as well as takes responsibility. good luck to you.

Answer 2

DUI laws vary greatly from state to state. If you were arrested for a 2nd DUI in California, the consequences are:

Which court your 2nd DUI is out of will determine what type of consequences you face. For example, some courts in Los Angles county only require 96 hours for a basic 2nd DUI offense while the same offense in Orange County will require 280 days county jail. Depending on the jurisdiction where you were arrested, a second DUI can have all or some of the following DUI consequences:

* 1-2 Years Driver License Suspension
* 48 hours to 1 year county jail
* Court Fines in Excess of $2,500.00 +
* 18 Month Alcohol School
* Madd Class / Morgue Program
* In Patient/Out-Patient Rehab
* Community Service
* 3-5 years Informal Probation

Answer 3

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Answer 4

You may work closely with your probation officer, but you're still violating. I would not be surprised if you were facing jail or prison time.

Hire a good attorney. And when this is all over, I think it's time for AA meetings. You clearly have enough of a problem to keep getting behind the wheel.

Answer 5

I would most likely say that your probation was contigent upon no alcohol consumption, so you violated the probation regardless. Good luck on the BAC of .08%, because the judge will likely factor into that the amount of time between when you were stopped and the time of your BAC test. Also, how you performed on the field sobriety tests. Where I live, you would be looking at 6 months - 2 years in lockup.

Answer 6

Working and going to school is a plus. Whether it shines with the judge is another story. You might consider AA since this is your second DUI. Statistically, you've been driving under the influence way more than 2 times, so perhaps AA would be helpful?

Answer 7

I don't know. I do think you have an alcohol problem though. I would think you would be tired of throwing your money away to the fine dept. It's been done before & I'm sure the judge has seen it many times. Don't drink & drive. The life you save may be your own. It's not going to look good on future job applications either.

Answer 8

Two DUI's? Are you just naturally stupid or did you have to work at it? You're going to see some jail time. Perhaps not more than 30 days, but you'll see jail.

Don't drop the soap, Einstein.

Answer 9

Save your money and get a Public Defender, if you qualify as indigent. Any reasonable judge will look at this as no respect for the law.

Answer 10

You're going to jail.