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  #1  
Old 07-17-2018, 05:27 PM
Tsteve345 Tsteve345 is offline
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Default 2nd dui jail sentence

Anyone have any experience with multiple DUI? Recently got my 2nd with a BAC of .18 and my first one was 4 years ago. There were no other aggravating factors.

Ive seen people on this forum who have gotten as much 180 days. 180 days!? For a 2nd DUI!? That seems excessive even with a high BAC. Anyone else on here get popped for a 2nd DUI in LA County (or know anyone who has)? And if so, what kind of sentence did you (or they) get?
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Old 07-17-2018, 06:55 PM
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According to this:
A second DUI conviction is a misdemeanor in California. The convicted motorist faces the following penalties.
  • Fines. The fines for a second DUI are the same as those for a first offense: $390 to $1,000 plus penalty assessments.
  • Jail. Second offenders face 96 hours to one year in jail. However, jail time can sometimes be served on house arrest or through jail-alternative work programs.
  • License suspension. For a second DUI, there’s a two-year suspension that comes from the criminal court and a 12-month administrative suspension for offenses involving a BAC of .08% or more. The two suspensions, however, are generally allowed to overlap. And the motorist can apply for a restricted license after completing a hard suspension period of 90 days (one year if the offense involved drugged driving.)
  • Probation. Second DUI offenders normally receive a three-year term of informal probation (though it can be up to five years). As a condition of probation, the defendant must complete an 18- or a 30-month DUI school; the judge gets to decide which class to order.
For second offenders in Alameda, Los Angeles, Sacramento, and Tulare counties, there’s a 12-month IID requirement. Judges in other counties can, but aren’t required to, order second offenders to maintain an IID for a period of up to three years.

Cali considers you to have a prior if your last DUI was within 10 years. So your clock was still running. I guess if you feel the sentencing is too harsh, you can divide it out over the number of times you didn't get caught and see if it feels more proportionate.
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Old 07-17-2018, 07:21 PM
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Quote:
Originally Posted by Tsteve345 View Post
Anyone have any experience with multiple DUI? Recently got my 2nd with a BAC of .18 and my first one was 4 years ago. There were no other aggravating factors.

Ive seen people on this forum who have gotten as much 180 days. 180 days!? For a 2nd DUI!? That seems excessive even with a high BAC. Anyone else on here get popped for a 2nd DUI in LA County (or know anyone who has)? And if so, what kind of sentence did you (or they) get?
Be sure to tell the judge that.

Funny - a 2nd DUI seems excessive to me.
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Old 07-17-2018, 07:27 PM
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I don’t know how LA handles these things particularly. I do know that a second DUI is a serious thing, and will be treated seriously in every state in the Union for the most part. Be glad you’re in CA because the fines can be $10 or more in some states.

Frequently, the first DUI arrest is pled down to an informal probation/Court supervision or something because, hey, not everybody appreciates how drunk they are and one error is one error. By the time they actually get convicted of DUI 1,it’s really the second offense. That’s serious as it’s beginning to show that the offender has not learned his lesson. By the time an actual DUI 2 shows up (3 DUI charges, 2 DUI convictions, 1 pled down), nobody’s going to cut you slack because you have shown you are unwilling to either stop drinking or stop driving when you’ve been drinking. Either one says that you are a serious danger to the public. As a result, the pentalties both in the criminal court and administratively are fierce.

Here’s what you can do now to try to demonstrate to the court that you should be on the lower end of the fines/jail time:
1.drink at home
2. Get a substance abuse evaluation
3. Start attending AA or similar programming (it's free)
4. Allow your attorney to drag this all out as long as possible so you have as much time sober as possible before plea/sentencing
5. Get into some serious counseling
6. Obey all of the rules of bail meticulously.

And while I know it’s LA, and everybody has a car, you might want to consider selling the car and going public transportation for a while. You’re going to have to do it anyway, the public transport bit, because it’s going to be a good while before you are legally allowed to drive again. You need to start working to show that you get it - you are not going to drink and drive ever again. You need to be able to demonstrate to the court that you are a good risk for home confinement, lower sentencing, etc, as you have taken responsibility for your actions and are taking steps to make sure you never drink and drive again.

Seriously, dude, most people don’t get a DUI 1, let alone a DUI 2. Time to step up to the plate and stop the nonsense.
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Old 07-17-2018, 10:22 PM
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Not that I need to explain myself to anyone in particular, but I DO and HAVE accepted full responsibility for my actions and have taken many steps to get myself together. That includes AA meetings and DUI school (which includes counseling).

My statement about 180 days being excessive is based solely on the fact that many people who have been convicted of a 2nd in LA have been sentenced to as little as 96 hours (which is obviously a far cry from 6 months). I do understand that every case is unique and there are many factors that are considered at sentencing - but that is a extremely wide gap. So I was attempting to get feedback from those who have either been through the process themselves or know someone who has.

I understand that even 1 DUI is an unforgivable act for many people (and 2 makes you about 1/2 a cut above the devil). And I will not complain about or attempt to argue with anyone who wants to pass judgement on me. You're well within your right to do so. The goal of this post was to solicit information from those who have experienced this situation.
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Old 07-18-2018, 09:48 AM
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You are posting on a public forum. That means you may get comments you don't want to hear. Understand that in a forum like this the audience includes countless people who have LO's with 10, 20, 30 year, maybe life sentences. And know of cases where defendants receive just a few years for similar or identical crimes. Just like 96 hour vs 6 month range you are trying to rationalize. Except on steroids. You are preaching to the choir. According to Miamac's post you might get more than 180 days.

Disparity happens and trying to predict or rationalize that is frustrating and not the most important thing right now. If you are serious about accepting responsibility and taking steps to correct, then take a breath, don't be defensive. I see posts that are factual, informative, and veiled / direct advice for you. Maybe you see comments as blunt or go beyond what you wanted to hear or asked for. It's your prerogative to ignore, better to take them as the good advise that they are.
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Old 07-18-2018, 03:49 PM
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As an attorney, when I’ve bothered with DUIs, the goal in sentencing is to make the court understand that you are a good risk and not a menace to society. This is why the advice to do counseling, adhere scrupulously to bail conditions, do AA, etc, etc, etc. this is also why you need to be patient and allow the attorney to drag out your case. Here's why:

Attorney: defendant has taken responsibility for his bad acts and is now attending counseling, AA, etc, etc, etc, and is sober

Judge: how long has he been sober?

Attorney: 14 months

Judge's response to this is far different than an answer of 3 weeks or whatever. Same to the question of how many AA meetings, does he have a sponsor, what does his counselor say, and what do the professionals doing the SAE say.

You do your job at this juncture, allow the attorney to drag things out, and hopefully the judge gives you the lower end of the sentencing guideline, not the max, “the longer he’s off the street the safer society is” sentence.

Do you understand now? Personally, I could not care less if you get sober. I do care whether or not you give me the ammunition necessary to convince a judge that you should be out on the streets rather than taking up prison or jail bed space. Now, if you want to totally convince the court that you need to be in jail as long as possible, get busted for another DUI while out on bail. Yes, I’ve had a couple of clients do this. I also have one client who is an alcoholic who now only drinks at home so as to avoid DUIs, drunk and disorderlies, and other problems with the law, but it took him a few busts to get it through his head, especially while drunk, that he cannot drive nor can he be out in public drinking as he gets too much attention for it. He works construction during the day, but within an hour of getting home, his BAC is off the chart. That’s his choice, and the only one he is hurting is himself. For him, it is the best resolution to the situation.

For others who think that everybody drinks and drives, or the guy who stated that the only reason that he was busted for DUI was because his taillight was out - he drives just fine drunk, or the woman who clocked a .32 while in her 9th month of pregnancy and thought that it was perfectly fine to drive that intoxicated, or the guy with 7 lifetime DUIs, who missed his DUI3 charge by 1 month - different story.

I’m glad you’re turning your life around. It should make it easier to convince a judge that you actually are not a menace to society. But, if you want to know the reason for the advice given, it’s to help the judge see you as not a menace to societyk, whether you start drinking the moment you’re out of court and do not have a no alcohol condition or not. Remember, the longer this drags on, the better for you as long as you help yourself by doing all the stuff necessary to build a case that you are a good candidate for light sentencing.

Btw, wide gap in sentencing is the nature of the beast sometimes. One guy may get the death penalty while another gets a 15 year manslaughter sentence and conviction. And yet another may walk away with a justifiable homicide verdict. Facts and circumstances - how close is it to an election? Has SADD or MADD started monitoring that judge's court? Is that judge a hard ass when it comes to DUI? Is that prosecutor a hard ass (seriously, I knew one who would have asked for the death penalty for jaywalking if he could have gotten away with it. I knew another who was so unreasonable in plea dealings that almost everybody chose to blind plea). Some of this is controllable, some of it isn’t. You do what you can do to help yourself. Let your attorney drag it out. Maybe you’ll be on the light end. Maybe you won’t. At least you will know that you got the best deal you could get considering the prosecutor, the judge, and the politics of the situation. And yes, court watch systems do influence these things, as do organizations like MADD. And you are in an election year.
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Old 07-18-2018, 04:01 PM
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The punitive outline is listed in my post and yourself has given you the why's and how's to set up the best possible outcome. Even if twenty people who received DUIs in LA Co. responded, it wouldn't mean that you'd gain assurance in either direction. It's actually a bit dangerous (in my opinion) to compare cases. It's misleading and makes your attorney's job a bit harder to do in light of your expectations based on the sentencing of others.

I applaud you for following the instruction of your first sentence and completing your coursework. It's time to dig deep and find out why you backslid and caught a second. Like yourself, most of us couldn't care less if you drink, but most of us will care that you're choosing to drive impaired next to us on the road.

Best of luck to you.
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Old 07-18-2018, 05:15 PM
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Quote:
Originally Posted by miamac View Post
The punitive outline is listed in my post and yourself has given you the why's and how's to set up the best possible outcome. Even if twenty people who received DUIs in LA Co. responded, it wouldn't mean that you'd gain assurance in either direction. It's actually a bit dangerous (in my opinion) to compare cases. It's misleading and makes your attorney's job a bit harder to do in light of your expectations based on the sentencing of others.

I applaud you for following the instruction of your first sentence and completing your coursework. It's time to dig deep and find out why you backslid and caught a second. Like yourself, most of us couldn't care less if you drink, but most of us will care that you're choosing to drive impaired next to us on the road.

Best of luck to you.
Thank You for your insight, I appreciate it.

Quote:
Originally Posted by yourself View Post
As an attorney, when Iíve bothered with DUIs, the goal in sentencing is to make the court understand that you are a good risk and not a menace to society. This is why the advice to do counseling, adhere scrupulously to bail conditions, do AA, etc, etc, etc. this is also why you need to be patient and allow the attorney to drag out your case. Here's why:

Attorney: defendant has taken responsibility for his bad acts and is now attending counseling, AA, etc, etc, etc, and is sober

Judge: how long has he been sober?

Attorney: 14 months

Judge's response to this is far different than an answer of 3 weeks or whatever. Same to the question of how many AA meetings, does he have a sponsor, what does his counselor say, and what do the professionals doing the SAE say.

You do your job at this juncture, allow the attorney to drag things out, and hopefully the judge gives you the lower end of the sentencing guideline, not the max, ďthe longer heís off the street the safer society isĒ sentence.

Do you understand now? Personally, I could not care less if you get sober. I do care whether or not you give me the ammunition necessary to convince a judge that you should be out on the streets rather than taking up prison or jail bed space. Now, if you want to totally convince the court that you need to be in jail as long as possible, get busted for another DUI while out on bail. Yes, Iíve had a couple of clients do this. I also have one client who is an alcoholic who now only drinks at home so as to avoid DUIs, drunk and disorderlies, and other problems with the law, but it took him a few busts to get it through his head, especially while drunk, that he cannot drive nor can he be out in public drinking as he gets too much attention for it. He works construction during the day, but within an hour of getting home, his BAC is off the chart. Thatís his choice, and the only one he is hurting is himself. For him, it is the best resolution to the situation.

For others who think that everybody drinks and drives, or the guy who stated that the only reason that he was busted for DUI was because his taillight was out - he drives just fine drunk, or the woman who clocked a .32 while in her 9th month of pregnancy and thought that it was perfectly fine to drive that intoxicated, or the guy with 7 lifetime DUIs, who missed his DUI3 charge by 1 month - different story.

Iím glad youíre turning your life around. It should make it easier to convince a judge that you actually are not a menace to society. But, if you want to know the reason for the advice given, itís to help the judge see you as not a menace to societyk, whether you start drinking the moment youíre out of court and do not have a no alcohol condition or not. Remember, the longer this drags on, the better for you as long as you help yourself by doing all the stuff necessary to build a case that you are a good candidate for light sentencing.

Btw, wide gap in sentencing is the nature of the beast sometimes. One guy may get the death penalty while another gets a 15 year manslaughter sentence and conviction. And yet another may walk away with a justifiable homicide verdict. Facts and circumstances - how close is it to an election? Has SADD or MADD started monitoring that judge's court? Is that judge a hard ass when it comes to DUI? Is that prosecutor a hard ass (seriously, I knew one who would have asked for the death penalty for jaywalking if he could have gotten away with it. I knew another who was so unreasonable in plea dealings that almost everybody chose to blind plea). Some of this is controllable, some of it isnít. You do what you can do to help yourself. Let your attorney drag it out. Maybe youíll be on the light end. Maybe you wonít. At least you will know that you got the best deal you could get considering the prosecutor, the judge, and the politics of the situation. And yes, court watch systems do influence these things, as do organizations like MADD. And you are in an election year.
Major thanks to you for this reply. The last paragraph especially gives great insight into how the sentencing process works - which in a way does answer my question about the sentencing gap for the same crime. I appreciate it
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Old 07-19-2018, 07:34 AM
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I cant answer your question but glad to read your attending AA.
Keep going. Get as many meetings as you can in.
And I mean alot. 90 meetings, in 90 days if possible.

You could even hit 2 a day if you wanted.
And get them to initial that you attended.
I know someone who had a dui (old) and then got a dip, and then got busted for having drank. (probation violation)

Judge had him to the 90 and 90 and then let him continue with his informal probation from the dip.
The meeting REALLY REALLY helped. Alot.
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