2nd DUI in Van Nuys with .089 Alcohol level

2nd DUI in Van Nuys with .089 Alcohol level

Question: I got a 2nd DUI, I blew a .089. My court date is in Van Nuys.  What will happen if I plead guilty?  I know that this is more serious than my last DUI, which was pretty serious itself.  Just trying to figure out what worse case scenario is.

Answer: I would not rush into pleading guilty. You should speak with a DUI attorney in more detail about your case. Although your breath test is above the .08 legal limit, there are steps that can be taken to dismiss the DUI charge, even on a 2nd DUI.

If convicted of a DUI for a 2nd offense in Los Angeles County, You are looking at 18 month alcohol program, minimum Jail time between of 96 hours to a maximum year (although probably no more than 30 days realistically unless there are other aggravating factors involved), Interlock device on your car for a year, two year license suspension, perhaps other alcohol related programs such as MADD and Hospital and Morgue program, AA’s etc.

There are many defenses that can come into play.  The fact that your BAC level is at a .08 is a good starting point.  Even though it is at that legal limit, the error rate of the machine itself could put you below the legal limit.  I put work in that many other attorneys do not to create defenses that may not be noticeable at first glance based on the police report alone.

Call me to discuss your case in more detail.  I have gotten multiple offense DUI charges dismissed in Van Nuys court.  Actually, today I got DUI charges on a .16 BAC, car accident case dismissed and reduced to lesser offense that didn’t require any jail time, no license suspension, no interlock device requirement, etc.

Don’t just plead guilty blindly.  Call me at 818-336-1384.


Phil Hache
DUI & Criminal Defense Attorney
Handling DUI and Criminal matters throughout Courts in Southern California including Van Nuys, San Fernando, Burbank, Glendale, Pasadena, Metro, Bellflower, Alhambra, Malibu, Compton, Inglewood and other Courts.
Office in Sherman Oaks