San Rafael, CA asked in DUI / DWI for California

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

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1 Lawyer Answer
David Nelson Jolly
David Nelson Jolly
  • DUI & DWI Lawyer
  • Mount Vernon, WA

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.

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