I received my second misdemeanor DUI, but only my first in California. Is it possible to count the out of state DUI when dealing with the CA misdemeanor DUI Sentencing? What is the possible punishment for a Second misdemeanor DUI?
I received a DUI before in my previous state, and just got a Misdemeanor DUI in the new state I live in. How does the record for
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Answer:
Yes, it is possible for the out of state DUI to count against you during your DUI Sentencing in CA. Under California law, a conviction of an out-of-state offense that would have been a violation of California’s DUI laws (defined in the Vehicle Code) if committed in California does constitutes a conviction, and would count during your DUI sentencing.
For a second misdemeanor DUI within a 10 year period, there is a greater risk that you may be sentenced to county jail time ranging from 90 days to 1 year, and a fine ranging between $390 to $1000. If you are lucky enough to receive probation, the probation sentence may include (1) confinement in the county jail for ten days to one year or 96 hours to 1 year, (2) a fine of $390 to $1000, and (3) successful completion of an 18- month or 30-month DUI program.
In either case, your license will be suspended for up to 2 years, and you may not be qualified to received a restricted license. It is important that you speak with an experienced DUI attorney who can assess your case and help you achieve the most favorable sentencing possible.
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Posted by Bert Gonzalez on 27 Jan 2010