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Colleen Grady
Colleen Grady, Attorney and Counselor at Law
Category: Criminal Law
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Experience:  Attorney and Counselor at Law
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What is the expected sentence DUI (.07 zero tolerance) while

Customer Question

What is the expected sentence for a DUI (.07 zero tolerance) while on probation for DUI in Marin County, California?
Submitted: 1 year ago.
Category: Criminal Law
Customer: replied 1 year ago.
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Expert:  Olivia Kent replied 1 year ago.

Hello. My name is ***** ***** I'm an attorney. I’ll be happy to help you in any way I can. This site is for educational purposes only. Sometimes - although certainly not always - experts have to give you what you deem “bad news” but that should not be a reflection of how satisfied you are with the assistance your expert provided. My goal is to make sure you are completely satisfied before you submit your rating so please let me know if you have additional questions or you need me to clarify anything If there is a delay in the time it takes me to respond it is because I am working with a customer or I am not online - but rest assured I will respond to your follow up question, if you have one. Also, occasionally I will respond from a mobile JA unit, which automatically asks you to submit a rating once I submit a response - but please don't feel like you need to do so until we are done speaking.

For a second DUI conviction, if no one is injured or killed as a result of the DUI, the minimum penalties a judge can impose for a second DUI conviction (within 10 years of the first DUI) include the following:

  • a $390 fine plus penalty assessments for a total of approximately $1,800
  • ten days or 96 hours (including two 48-hour sessions) in jail
  • completion of an 18- or 30-month second-­offender alcohol-treatment program, which costs about $1,800, as a condition of probation. You must complete this program if you ever want to drive again. Enrollment in this program also allows you to reduce the two-year suspension to one year, followed by a two-year license restriction that allows you to drive to, from, and in your work, and to and from the program—after the first year of suspension, and
  • installation of an “interlock” device on all ­vehicles you own .

The maximum penalties for a misdemeanor second conviction within ten years of a prior conviction (counted from the date of the previous offense to the date of the second offense) include: a $1,000 fine plus penalty assessments for a total of approximately $3,000, one year in jail, a two-year license suspension by the DMV, impoundment of your vehicle for up to 30 days at your expense, and installation of an “interlock” device on all vehicles you own.

Expert:  Olivia Kent replied 1 year ago.

Hello. I noticed you have not yet submitted feedback and therefore the question remains "Open" on my end. I was wondering if you need any additional information or need me to clarify anything first. I’d be happy to do so. If you have additional questions please feel free to ask them in this thread. I want to make sure you are completely satisfied BEFORE you submit your feedback.

Customer: replied 1 year ago.
I was looking for some first hand insight as to what actually happens in Marin County not just an explanation of the law.
Expert:  Colleen Grady replied 1 year ago.

In Marin County, if you are on Probation, you will face a probation violation hearing. Since it is another DUI, the judge may sentence you to jail time on your violation and on your new case. You are entitled to a hearing for the violation of probation.

If convicted of this new DUI, you will be considered a multiple offender, and you will definitely be facing an 18 month DUI program, which you will have to pay $1,619.00 for. Here is the website for this program:

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