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Re:What to expect after second offense (1 viewing) (1) Guest
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TOPIC: Re:What to expect after second offense
#6336
nic (User)
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What to expect after second offense 1 Year, 6 Months ago Karma: 0  
A friend received a DUI almost 6 yrs ago and recently received a DUI making it his 2nd offense. What can he expect? Jail or prison time? loss of license? Other?
 
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#6345
Samantha (User)
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Re:What to expect after second offense 1 Year, 6 Months ago Karma: 2  
What state?

For example, in CA the law provides for at least 10 days or 96 hours in county prison. COuld be more depending on the circumstances. FOr example, i had a mother of two charged with a 2nd DUI and she had her sons in the car upon arrest. She received 60 days in jail for endangering the lives of her children.


California Vehicle Code §23542
Conditions of Probation for Second Time Offense
(a) (1) If the court grants probation to a person punished under Section 23540, in addition to the provisions of Section 23600 and any other terms and conditions imposed by the court, the court shall impose as conditions of probation that the person be confined in county jail and fined under either of the following:
(A) For at least 10 days, but not more than one year, and pay a fine of at least three hundred ninety dollars ($390), but not more than one thousand dollars ($1,000).
( For at least 96 hours, but not more than one year, and pay a fine of at least three hundred ninety dollars ($390), but not more than one thousand dollars ($1,000). A sentence of 96 hours of confinement shall be served in two increments consisting of a continuous 48 hours each. The two 48-hour increments may be served nonconsecutively.
(2) The person's privilege to operate a motor vehicle shall be suspended by the department under paragraph (3) of subdivision (a) of Section 13352. The court shall require the person to surrender the driver's license to the court in accordance with Section 13550.
(b) In addition to the conditions specified in subdivision (a), the court shall require the person to do either of the following: (1) Enroll and participate, for at least 18 months subsequent to the date of the underlying violation and in a manner satisfactory to the court, in a driving-under-the-influence program licensed pursuant to Section 11836 of the Health and Safety Code, as designated by the court. The person shall complete the entire program subsequent to, and shall not be given any credit for any program activities completed prior to, the date of the current violation. The program shall provide for persons who cannot afford the program fee pursuant to paragraph (2) of subdivision (b) of Section 11837.4 of the Health and Safety Code in order to enable those persons to participate. (2) Enroll and participate, for at least 30 months subsequent to the date of the underlying violation and in a manner satisfactory to the court, in a driving-under-the-influence program licensed pursuant to Section 11836 of the Health and Safety Code. The person shall complete the entire program subsequent to, and shall not be given any credit for any program activities completed prior to, the date of the current violation.
(c) The court shall advise the person at the time of sentencing that the driving privilege shall not be restored until proof satisfactory to the Department of Motor Vehicles of successful completion of a driving-under-the-influence program of the length required under this code licensed pursuant to Section 11836 of the Health and Safety Code has been received in the department's headquarters.
(d) Whenever, when considering the circumstances taken as a whole, the court determines that the person punished under this section would present a traffic safety or public safety risk if authorized to operate a motor vehicle during the period of suspension imposed under paragraph (3) of subdivision (a) of Section 13352, the court may disallow the issuance of a restricted driver's license required under Section 13352.5.
(e) This section shall become operative on September 20, 2005.
 
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#6362
nic (User)
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Re:What to expect after second offense 1 Year, 6 Months ago Karma: 0  
Sorry. State is Georgia.
 
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#6373
Samantha (User)
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Re:What to expect after second offense 1 Year, 6 Months ago Karma: 2  
Georgia DUI penalties: 2nd offense within a 5 yr period:

Fine: $600-$1000 plus any statutory surcharges.

Jail: 90 days to 12 months, all except three days of which may be suspended, stayed, or probated. As with a first DUI within a five year period, for any case made on or after May 1, 1999, you must do twelve months probation less any jail time.

Community Service: For cases made on or after July 1, 2001, the minimum community service is thirty days.
 
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#6401
nic (User)
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Re:What to expect after second offense 1 Year, 6 Months ago Karma: 0  
The 90 days to 12 months - is that mandatory jail time or discretionary to the judge?
 
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#6424
Dingo (User)
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Re:What to expect after second offense 1 Year, 6 Months ago Karma: 0  
He's looking at jail time unless you can cut a deal.
 
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