A second DUI in 10 years carries a mandatory 96 hours in custody (two weekends) as well as fines and an 18-month multiple conviction class. The custody can be avoided if you can get a wet reckless (which usually depends on your blood alcohol level or other hard-to-prove facts.) You are welcome to get a statement from the bartender. In the end, however, it really doesn't matter how many drinks you had; the case turns on your blood alcohol level.

Answer Applies to: California
Replied: 11/12/2011

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The issue is not necessarily how many drinks you had but, rather, what your blood alcohol level was at the time you were driving. That being said, if your blood alcohol level seems too high given the amount you had to drink, that may be an indication that there is something wrong with the chemical test. In any case, much more detailed information is needed to properly evaluate your case and see what defenses you may have to the DUI charge. As for consequences. in general you are looking at 5 years of informal probation, a minimum of 96 hours in county jail, fines and fees totaling approximately $1,800 to $2,000, an 18-month multiple offender alcohol school and a 1 year driver's license suspension. These are general consequences which vary depending on a number of factors including where or what county your case is. For example, a 2nd DUI in Los Angeles County will most likely result in the minimum 96 hour jail sentence absent any aggravating factors in your case while in Orange County you would be looking at 60 to 90 days in jail. Another potential consequence is a probation violation. If you are still on probation for the first DUI conviction, then this new DUI arrest will result in a probation violation. The bottom line is you need to hire an experienced criminal defense attorney to represent you. This is not something you should attempt to handle on your own. I hope this answer was helpful. Good luck.

Answer Applies to: California
Replied: 11/10/2011

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If you had two drinks with the normal alcohol content, then you should have a low blood alcohol and likely it would not be filed. If the drinks had a content a alcohol above normal then you blood may be alcohol above .08. A second conviction for a dui within 10 years requires five years probation, a fine, and a 18 month alcohol program.

Answer Applies to: California
Replied: 11/10/2011

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You can have the bartender testify on your behalf at trial, but if you had 2 drinks and were above the legal limit, it may not be enough. What kind of drinks were they? How much alcohol in them, etc.? These are all issues that would be brought up. There are likely other defenses that can help you out in your case.

Answer Applies to: California
Replied: 11/10/2011

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The issue isn't how many drinks you had, it's how impaired you were by those drinks. It's really impossible to guess how strong the case is against you without reviewing the evidence myself, but it sounds like you need an attorney. The penalties for a 2nd DUI depend on the county, but you can probably expect (if convicted) fines in the neighborhood of $2000, a license suspension, an 18-month alcohol class, 3-5 years of probation and possibly some custody time.

Answer Applies to: California
Replied: 11/9/2011

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In California there is mandatory jail time of 96 hours for a second DUI w/i 10 years. You can and should bring in evidence that you only had 2 beers (preferably right before you got in the car). Show that there is a disconnect in your BAC and your drinking pattern.

Answer Applies to: California
Replied: 11/9/2011

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If you took a chemical test, the testimony of a bartender is pretty much useless. If not, it would not only be useful but essential to defending your case. The fact that you are a lightweight is not nearly as important as the results of the chemical test.

Answer Applies to: California
Replied: 11/9/2011

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You face up to 1 year in county jail, up to 2 years of license suspension, IID installation, 18-month alcohol class, 3-5 years of probation, around $2000 in fines, 2 points on your driving record, among other things. You need to get a DUI specialist right away, because you have only 10 days to request a hearing with the DMV. The statement from the bartender may help, but that is down the road, and you have other things that require timely action.

Answer Applies to: California
Replied: 11/9/2011

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A statement from the bartender wont do anything for you. What's important is whether (1) you were impaired by the alcohol, and (2) above .08% BAC. Depending on the county you're in, you're likely facing a minimum of around 45 days in jail, 4 years of probation, a large fine, 18 month alcohol program and license suspension for 1 year. I strongly urge you to contact an attorney to discuss your case and any possible defenses you may have.

Answer Applies to: California
Replied: 11/9/2011

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For a second DUI, the DMV takes an administrative action (one year suspension). Court consequences include mandatory jail up to one year, 18 month program, 3-5 year probation, fines/fees, interlock device, at the very minimum. The DMV will take an additional suspension action upon the conviction. You would be eligible for restricted license after one year suspension and while in the program. You should have an attorney represent you because of the severity of the consequences. Counsel will set up the DMV hearing for you. You may have some good issues, if you only truly had two drinks; your lawyer will advise on how to obtain statements from witnesses. Also, in order to really assess your issues, would need more information, specifically regarding the blood alcohol level, observations of officers, etc.

Answer Applies to: California
Replied: 11/9/2011

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60 to 90 days of jail time unless you get a lawyer.

Answer Applies to: California
Replied: 11/9/2011

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Yes, statements from the bartender would help but I would not do anything until I speak with an attorney, especially since this is your second DUI. A second time DUI charges carries with it much more significant fines and penalties. You are probably looking at jail time if you are convicted. In Orange County, a second time DUI conviction is a 60 day county jail sentence.

Answer Applies to: California
Replied: 11/9/2011

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