The call no one wants to make (or receive):
“I got my 2nd DUI in San Diego County. I need help. I’m worried about going to jail.”
1. When was your first DUI and are you still on probation?
– San Diego Superior Court probation terms require that you “not drive with a measurable amount of alcohol in your blood” and “submit to testing when asked.”
A.) If you drove with a measurable amount of alcohol in your blood, you are in violation of your DUI probation terms.
B.) If you were asked to submit to a (hand-held) preliminary alcohol screening test (or breath/blood test) and you refused, you are in violation of your DUI probation terms.
Picking up a 2nd DUI in San Diego is stressful. Penalties can be stiff.
Anxiety can be increased by the separate question of whether or not you are still on probation. Probation begins when the court convicted you of Vehicle Code 23152. That can be found in the final Judgment Minutes.
Knowing when probation ends is important because if you are still on probation for a 1st offense San Diego DUI and you violated probation by driving a vehicle with a measurable amount of alcohol in your system, the court could order additional probation violation penalties including up to six months in County Jail.
What happens when you are still on San Diego Superior Court probation when you pick up a 2nd DUI, but your court date is AFTER the date your probation is set to expire?
That may depend on:
A. Whether the officer also cites you for VC 23154 or PC 166, violation of probation.
B. Whether the probation court is notified of the new DUI arrest before probation expires.
2. Was your driver’s license valid at the time of your latest San Diego DUI arrest?
– San Diego Superior Court probation requires that you only drive with a valid license and insurance. If you drove without valid license and insurance, you are in violation of your DUI probation terms.
– After your first DUI, you had to do 3 things:
A.) Complete a California licensed provider alcohol program
B.) Have your Insurance Co. file an SR-22
C.) Pay the DMV one or two reissue fees for the:
(i) Conviction arising out of the DUI (usually $55)
(ii.) Separate DMV administrative action ($125)
A.) Ignition Interlock Device Installation
3. Will you go to Jail for a 2nd San Diego DUI with excessive BAC?
– Under the California Vehicle Code, there exists a one year mandatory jail time for any second DUI conviction within 10 years of a prior DUI conviction of driving with .08% or above BAC, and/or a wet reckless (reckless driving, alcohol-related).
– However, your San Diego DUI Specialist will look for an alternative to jail, or at least a combination of an alternative with minimum mandatory jail time.
– Possible – but not guaranteed available
– alternatives include:
B.) SCRAM ankle bracelet
C.) 35th St. Work Furlough Facility
D.) Residential alcohol treatment program.
Continue here for “What to do in a High BAC or Prior DUI Case in San Diego County.”