Bakersfield, CA asked in DUI / DWI for California

Q: Will a second DUI get jail time?

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2 Lawyer Answers
Bernard Crane
Bernard Crane
Answered
  • Criminal Law Lawyer
  • Washington, DC

A: In most places, yes. Perhaps not a lot of jail time, but many jurisdictions now have mandatory time for a second offense.

Daniel P Leavitt
Daniel P Leavitt
Answered
  • DUI & DWI Lawyer
  • Midlothian, VA

A: A lot of time it depends on how recent the DUI was. As noted, many states have mandatory jail time for a second offense but it usually has to be recent. In Virginia, there is mandatory jail for a second offense within ten years. So if it was beyond ten years then there is no mandatory jail in Virginia for a DUI second offense. But your state will have its own rules.

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