2ND OFFENSE DUI IN MARIN COUNTY (What To Expect)

 

If you are convicted of a 2nd Offense DUI in Marin County, there are certain penalties one can normally expect. These are based on my experience as a DUI Attorney practicing in Marin County, they are not necessarily indicative of what results might actually occur.   No matter what county you are in, if you are convicted of a 2nd DUI, you are going to be ordered to complete the SB-38 Driver Safety program. This is comparable to the First Offender program the DMV requires for first offenses, it simply applies to 2nd Offenses. The Sb-38 program is 18 months in length.  It is generally once a week for the first 12 months (some programs are twice a week), and once a month for the last 6 months. So it is basically a year program followed by 6 months of follow-ups to ensure you are still not drinking and driving.

 

A 2nd DUI will come with fines, and informal probation. Certain counties in California require formal probation on a 2nd offense, Marin does not.  The difference between informal and formal probation is exactly as it sounds. One is formal, you have a probation officer, have to check in, etc; and the other is informal, you do not have a probation officer or have to check in.

 

The main difference between a 1st and 2nd DUI in Marin, in regards to sentencing is custody time.  This is also most individuals main concern. A first offense, settled before  trial, generally comes with none.  On a 2nd DUI in Marin County, the District Attorney is going to generally request at least 15 days, of which 4 must be served in actual jail.  The balance of 11 days can be completed on one of Marin County probation’s alternative sentencing.  So the District Attorney will be asking for 4 days of jail.   It is possible to avoid this requirement, but there will have to be some showing of health issues, or other issues that make incarceration a much greater burden to the defendant than would normally be expected.  Also, in order to get out of 4 days jail, the defendant must be willing to do more than 15 days alternative sentencing, generally adding 10 days to the 15 is deemed fair by the Court, assuming of course the Court is willing to entertain no custody time in the first place.

Please keep in mind, that if you are charged with a 2nd Offense DUI in Marin County, there are countless ways a case can go. Four days in custody is certainly not a guarantee, and in my experience, can be avoided if the right facts apply.

Out of County Resources:

San Diego Criminal Defense Lawyer