what happens when you get a 2nd DUI?

Question

i refused to blow in the breathalizer or answer questions. what should i do?

Answer 1

You're screwed. Probably literally, by that nice Mr Bubba. Seriously, depending on how stiff your locality's penalties are, you could find yourself doing time. I hope you have an attorney.

In any case, don't expect the judge to have much sympathy. Do you have a good reason for not answering questions or taking a test. If so, make sure it is plausible and respectful.

Answer 2

Get an attorney, get into rehab and start going to AA meetings is a good start.

Laws vary depending on what State you live in, but if you refuse to take a Breathalyzer in most states, refusal to submit to it is itself a criminal violation subject to stiff penalties. Additionally, if the case against you is proven there may be additional penalties for the refusal, above and beyond those for the drunk driving offense.

Another factor would be when you received your previous DUI; if under 5 years, it is pretty much an automatic felony in most States (in some States, the first offense is now a felony). Many states have a manditory 10 day jail sentence for 2nd offense that is automatic (mandated by State law, not at the Judge's discretion); however, you could be required to serve more, especially if you are still on probation for the first offense.

Typically, for a 2nd offense your license would automatically be suspended for a minimum of 120 days (mandated by State law, not at the Judge's discretion), but again, varies depending on what State you reside in.

Even if you get probation after serving a manditory sentance, that is not the end of the situation; you are also highly likely to be Court Ordered into a qualified alcohol rehab treatment which would meet 3 times a week for 6 months; if you have insurance, you could get treatment through a hospital rehab, if not, likely would have to pay a minimum of $20 per sessions and have to pay as you go, or violate probation and end up going to jail. You would likely also have to stay sober and be subject to random testing; if found not clean during the program, probation would be revoked and you would have to serve whatever jail sentance that the Court assigned (likely between 2-5 years).

Getting a lawyer, getting into rehab and starting to go to AA meeting may be able to help your attorney get you a better plea agreement.

Answer 3

Refusing to take the breathalyzer was the best thing you could have done. You've eliminated a very big source of evidence against you--smart.

You did not mention what state you are in, and that matters. You need to find out how your state handles DUI. This website is probably the best one out there:

http://www.totaldui.com/

It has complete DUI information, including state by state info, as well as articles about what to do and what to expect if you get a DUI. It's very comprehensive and helpful.

Good luck!

Answer 4

..automatic liscence suspension for not blowing
..probably a boot on your car for a year
..alcohol assesment....plus rehab
2000 fine+probation+victim impact panel+habitual offender program
..work program...alot
..a.a. signatures..

Answer 5

You could ask Paris.

Answer 6

Buy a bicycle.

Answer 7

assume the position