NapaCounty DUILawyer.com

Top Ten Questions > From Minors/Parents

10. What If I Have A Prior DUI?

The best Napa DUI lawyers will explain that one of the most important factors in determining the seriousness and penalty exposure of a present DUI arrest is the existence and number of prior arrests and convictions. Prior DUI convictions invite the prosecutor to seek substantially more jail, DUI classes and more intrusive probation terms. In addition, a minor with a prior alcohol-related DMV suspension usually faces a drivers license suspension with extended duration but no further eligibility for the critical need restricted license for work or school, regardless of hardship to themselves or family.

If a prior conviction was for an .08% or higher DUI, and the current Napa County charges also allege a full DUI at or above .08%, then a good Napa DUI lawyer would typically warn that a minor defendant should expect to face the same increased penalties in the new DUI case as an adult, including at least 30-90 days of jail (or jail alternatives with a very good Napa DUI attorney), and the 18-month multiple offender DUI program classes. Juvenile (under age 18) prior DUIs can substantially affect both charging and sentencing outcomes (although not usually license suspension consequences at DMV).

Different combinations of juvenile DUIs and over-18 zero tolerance minors DUIs can (and should) make a difference in the outcome of the current matter, as well as different combinations of below .08% and above .08% cases. Additional factors affecting the outcome of the current matter include the recency of the prior DUI offense and any probation violation allegations, as well as the degree of impairment and driving behavior, and any demonstrable efforts to demonstrate a commitment to sobriety. Consult with a Napa County DUI lawyer about your specific case.

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Dave Jake Schwartz is an Honors Graduate from UC Hastings Law School, and UC Davis, former Federal Judicial Clerk, and Nationally Qualified Sobriety Tests Practitioner. Member of the California Bar for 30 years, Wine Country resident for over 20 years, handles only DUI cases, including thousands of North Bay DUIs and DMV hearings: first/multiple offenders, minors, seniors, tourists, undocumented immigrants, veterans, probation violations, suspended license, public intoxication, open container, minor in possession, child endangerment, collisions, hit and run, evading, resisting arrest.

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