Alcohol & Drugs: DUI, DWI Some Advice Please!!serious Trouble Minor Dui And Mip 6 Months Later! In Cali!

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sadman

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:( dang i didnt think it could get worse but it looks like its gonna.. i already got my license suspended for a year after a dui i got in december..... and last saturday i was riding down the boardwalk at the beach with my friend..we both had cans of diet coke with some jack d in them and two cops on bikes stopped us, told us we couldnt have skateboards, took our drinks, tried them, and wrote us mip's..i know they suspend licenses sometimes but mine is already suspended until february..will it be further suspended? or will the judge even know that its already suspended.? can someone please tell me whats in store for me or wat i can do i plan to get a lawyer...i would appreciate it a lot
 
Yes, they will find out that it is already suspended, and yes, it can be suspended longer. A conviction of MIP (B&P 25662) requires the court to suspend your license for a year. However, you may have another problem ... chances are you have probation conditions from the first DUI - if you are lucky there is no specific alcohol prohibition. But, in any event, you could find that your probation has been violated and you could face jail time for the original DUI for committing a new offense.

Consult local counsel.

- Carl
 
thx for the info.. but no i dont think i was ever put on probation or given prohibition rules or anything of the sort i just got the 1 yrsuspension and that was it.. not even a fine because my BAC level was really really low..barely enough for gettin into trouble. so i hope i can get off this one somewhat easy with maybe just a fine and some community service hours and not hav my license suspended an longer than it already is.
 
Okay, if you had a suspension without court it was a DMV (administrative) suspension for "zero tolerance" and not a criminal offense, So you likely are not on probation.

In any event, you face a $250 fine and 24 to 32 hours of community service for the MIP and the mandatory suspension of your license on conviction. However, the judge can allow you to receive a restricted license if you can make a compelling case. But, given the prior alcohol violation, I wouldn't count on it.

- Carl
 
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