take 2nd dui to trial

Question: I got my 2nd DUI in Jan and refused breathalyzer. they did not take blood either. my DUI attorney advises against taking to trial for fear of losing and serving a lot of jail time. I am conflicted because I think I might have a case since I’d receive a jury trial and no physical evidence. my first DUI in Van Nuys, CA was 8 yrs ago. I’m looking at 3-6 months house arrest if I plead guilty. I’m already serving time on my drivers license suspension for not taking breathalyzer from the DMV. Should I go to DUI trial?
Answer: It is a tough call without knowing all the details about the DUI case (ie. driving pattern, field sobriety tests, statements made to the officer, the reputation of the jury pool in that jurisdiction, how the trial judge is with sentencing, etc). Ultimately, it is your case and your decision. If your DUI attorney strongly advises against trial and doesn’t want to take it to trial, but you do, you may want to consider talking to another DUI trial attorney to potentially sub in to handle the trial. I have taken over cases in the past on the evev of trial in order to handle the trial. Call me if you would like to discuss further.
Phil Hache
DUI & Criminal defense Attorney