2nd DUI in San Fernando, CA

2nd DUI in San Fernando, CA

Question:  I had a DUI twelve years ago,in the state of Nevada.  I  just got another DUI two weeks ago in San Fernando, CA.  My first question is, what is the penalty for a 2nd DUI in California?

Secondly, I am not a U.S. citizen and  I have to renew my greencard soon.  Will run into any issues with renewing my green card because of the new DUI?

Finally, I know the cop told me d when my court date is, but I was so nervous the entire time I don’t remember what he said.  How do I confirm where I need to be and when?

Answer:  First, I would recommend that you call to speak to a DUI attorney as soon as possible regarding your case. It is possible to avoid a conviction if the case is fought.  I regularly handle DUI cases in San Fernando with very good results.  I would be happy to speak to you about your DUI situation in more detail.  Initial consultation is free.

As far as penalty for a 2nd DUI, the good news is this charge won’t be (or shouldn’t be) charged as a 2nd DUI.  Only convictions within 10 years (going from arrest date to arrest date) are priorable.  So even though you have a DUI conviction from twelve years ago in Nevada, this new DUI in San Fernando will be considered a first DUI for sentencing purposes.

In regards to when and where your court date is, your case is at San Fernando Court if you were in fact arrested in San Fernando.  The date of your first court date should be listed near the bottom of the citation you received on the day/night of your arrest.  Generally, the time for DUI cases in Los Angeles County courts is 8:30am check in time with the court.  If you hire a private DUI attorney such as myself to defend you in court, you don’t necessarily need to be at that first court hearing.

As far as your greencard question is concerned, I would recommend that you speak to an Immigration attorney who focuses their practice on immigration issues such as this.

I can certainly help you with the DUI matter in criminal court and with the DMV.  I would be happy to refer you to a good Immigration attorney as well if you would like.

Call me at your convenience to discuss further.

Thanks,

DUI and Criminal Defense