Q: I have a DUI conviction; was pulled over for DUI again 6 months later. I blew .05 this time. Will I get a 2nd DUI?
I live in California; My first/only DUI was in 2014; I heard I could get a 2nd DUI from the DMV even if I only blew a .05, is that true? I know I may be in trouble with Probation but what about the DMV if I wasn't "legally drunk". Help, and thank you
A: I am sorry to hear of your situation. Obviously the need for details is very important. For instance, you can be guilty of DUI if you are "impaired" by a combination of drugs and alcohol. Further, you can be guilty of DUI if you are impaired by alcohol, no matter the level. I would add that due to the prior DUI offense, the prosecution and court are not going to go easy on you so please consult with a local DUI lawyer.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.