Ray Hrdlicka – Host – Attorneys.Media
“There’s a lot of misconceptions about that whole situation. And is it different between the first or the second or the third DUI? Because then you got a serial alcoholic, more than likely. Because in a first DUI, I mean, realistically that can happen, a woman is 125 pounds, and she has a big glass of wine, and that’s it.”
Kirk Tarman– Criminal Defense Attorney – San Bernardino County, CA
“Oh, yeah, yeah, I can’t tell you how many first time DUI’s are…’so when I went out for a couple of beers with my buddy after work. I thought, I didn’t feel like I was intoxicated.’ And then, for whatever reason, they have contact with the police. So, a lot of that is obviously mistakes. And the penalties are still pretty harsh, but not including jail time, generally speaking.
As you move into your second and third, you’re still in the misdemeanor realm, unless someone’s injured, but the penalties become exponentially greater and harsher against you, because, like you said, it’s a serial, it’s a person that has not learned their mistakes.
There’s a lot of tactics that still work for you, you know, there’s some devices out there that you can put on your ankle, that will measure, if you have alcohol in your system, that can sometimes prevent you from having to do any jail time. Each of the counties is significantly different in regards to what type of punishments they’re left looking for.
You go to Orange County, second time, third time, DUI’s…they’re looking for straight time. In San Bernardino County I got, I’ve had 4th time, 5th times, they go into felony realm, and I still can get them from not going to state prison or having to do any straight time. It just depends on the DA and the county’s attitude towards things.”
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