Second offense in California

[duidumdum]

What is the name of your state (only U.S. law)? California

This is a bit long so I apologize in advance. Feel free to skip to the questions at the end and ignore the back story

My boyfriend was taken in for DUI last night. It's his 2nd. His first was February 2009, and he got off probation not too long ago - which is just awesome to turn around and get right back on. I was not with him when he got his first and I've never had a DUI so I don't know much about it. Anyway, they actually pulled him over because his tags were expired, not because he was swerving or otherwise showing signs of intoxication. He passed the field sobriety tests, but he blew a .08% so they took him in. He had his 6-year old son in the car as he was on his way to take his son back to his mom's house after having him for the weekend. He says they did a chemical blood test about 1.5 hours after they arrived to the jail.

The CHP called me from his cellphone and asked me if I was sober and if I could have someone give me a ride to pick up his son and his car so that they don't have to impound it, and because if I couldn't pick his son up, they would have to put him into protective custody. Luckily I was sober so I was able to get him. They just released him this morning around 5AM.

I guess his court hearing isn't until the beginning of November. Can anyone explain to me how much different a 2nd DUI is from the first? What is the possibility of him looking at jail time? How long will his license be suspended? He thinks he's going to get work and kid driving privileges. Is that likely? I personally just believe it's wishful thinking on his part. Any other information on 2nd DUI vs. 1st DUI? What if his chemical blood test is below the legal limit when his breathalizer wasn't? The slip he got for his license suspension says he has a temporary license for 30 days, and that if the lab test shows below .08%, that the suspension will be set aside. But it also says on the back that the 2nd offense within 10 years is an automatic suspension, though the wording is a bit confusing - I couldn't figure out if it just means the 2nd offense while you're still on probation from the first offense, or the 2nd offense no matter what.

If anyone can offer any information - I'm stressing big time because while we live in the bay area and he can take Bart to work, there is a lot of other areas that are going to be a problem because we both work and our schedules are just different enough that me being his chauffeur is going to be a problem.

 

[Ohiogal]

What is the name of your state (only U.S. law)? California

This is a bit long so I apologize in advance. Feel free to skip to the questions at the end and ignore the back story

My boyfriend was taken in for DUI last night. It's his 2nd. His first was February 2009, and he got off probation not too long ago - which is just awesome to turn around and get right back on. I was not with him when he got his first and I've never had a DUI so I don't know much about it. Anyway, they actually pulled him over because his tags were expired, not because he was swerving or otherwise showing signs of intoxication. He passed the field sobriety tests, but he blew a .08% so they took him in. He had his 6-year old son in the car as he was on his way to take his son back to his mom's house after having him for the weekend. He says they did a chemical blood test about 1.5 hours after they arrived to the jail.

The CHP called me from his cellphone and asked me if I was sober and if I could have someone give me a ride to pick up his son and his car so that they don't have to impound it, and because if I couldn't pick his son up, they would have to put him into protective custody. Luckily I was sober so I was able to get him. They just released him this morning around 5AM.

I guess his court hearing isn't until the beginning of November. Can anyone explain to me how much different a 2nd DUI is from the first? What is the possibility of him looking at jail time? How long will his license be suspended? He thinks he's going to get work and kid driving privileges. Is that likely? I personally just believe it's wishful thinking on his part. Any other information on 2nd DUI vs. 1st DUI? What if his chemical blood test is below the legal limit when his breathalizer wasn't? The slip he got for his license suspension says he has a temporary license for 30 days, and that if the lab test shows below .08%, that the suspension will be set aside. But it also says on the back that the 2nd offense within 10 years is an automatic suspension, though the wording is a bit confusing - I couldn't figure out if it just means the 2nd offense while you're still on probation from the first offense, or the 2nd offense no matter what.

If anyone can offer any information - I'm stressing big time because while we live in the bay area and he can take Bart to work, there is a lot of other areas that are going to be a problem because we both work and our schedules are just different enough that me being his chauffeur is going to be a problem.

Don't be his chauffeur. The drunk is going to have to deal with the consequences of his actions. As for custody -- expect the child's mother to file to suspend his visitation rights for endangering his child. He was lucky he was NOT charged with that as well. Apparently, your boyfriend didn't learn from his first bout with stupidity and figures he can just endanger everyone because he won't get punished.

 

[duidumdum]

Don't be his chauffeur. The drunk is going to have to deal with the consequences of his actions. As for custody -- expect the child's mother to file to suspend his visitation rights for endangering his child. He was lucky he was NOT charged with that as well. Apparently, your boyfriend didn't learn from his first bout with stupidity and figures he can just endanger everyone because he won't get punished.

I don't know whether he was or was not charged with driving with the minor in the car. Is that something that he would know already? The only things he brought home from the jail were the temporary license and his list of personal belongings. I expected more paperwork. He doesn't even have anything with his court date on it. I asked him and he was like, "I think it's November XX ..." like there's nothing that specifies that to help you remember? Lol.

 

[Ohiogal]

I don't know whether he was or was not charged with driving with the minor in the car. Is that something that he would know already? The only things he brought home from the jail were the temporary license and his list of personal belongings. I expected more paperwork. He doesn't even have anything with his court date on it. I asked him and he was like, "I think it's November XX ..." like there's nothing that specifies that to help you remember? Lol.

He should know. But he could be charged later as well. In addition, he would have something with a court date. This is his second DUI -- he is playing you. How often is he drunk? Why was he drinking with his child there -- special occasion or regular process? how much does he drink? Your boyfriend has a problem.

 

[Zigner]

Your boyfriend has a problem.

Luckily I was sober so I was able to get him.

I suspect they both have a problem.

 

[duidumdum]

Actually, you're right. I pulled his plastic belongings baggy with his paperwork in it out of his shorts and it was just those 2 papers, but in his other pocket is a paper with the court date on it and the section he's charged with (73152(A/B) VC is what it says).

He's generally pretty responsible... obviously that doesn't portray here, but he does love his son and it was heartbreaking for him to sit in the cruiser, cuffed and his 6-year old looking out the back window at him, crying. So I hope that is an eye opener.

 

[duidumdum]

I do not have a problem with alcohol. Lol, not by far. I drink occasionally, yes, and I'm off on Mondays which is why I say luckily - I don't drink when I have to work, but I do on my nights off. I might have been later on - he was pulled over around 7PM, and I hadn't had a drop.

 

[Ohiogal]

I have do not have a problem with alcohol. Lol, not by far. I drink occasionally, yes, and I'm off on Mondays which is why I say luckily - I don't drink when I have to work, but I do on my nights off. I might have been later on - he was pulled over around 7PM, and I hadn't had a drop.

So by 7pm when he knew he would have to drive his son home he was imbibing in alcoholic beverages.

 

[duidumdum]

I'm totally not by any means defending him. No way. It was totally stupid of him. Just trying to figure out the next steps because what's done is done.

 

[Ohiogal]

Actually, you're right. I pulled his plastic belongings baggy with his paperwork in it out of his shorts and it was just those 2 papers, but in his other pocket is a paper with the court date on it and the section he's charged with (73152(A/B) VC is what it says).

He's generally pretty responsible... obviously that doesn't portray here, but he does love his son and it was heartbreaking for him to sit in the cruiser, cuffed and his 6-year old looking out the back window at him, crying. So I hope that is an eye opener.

Pretty responsible people don't start drinking when they are responsible for their minor children, put the minor child in a car and drive said child around while daddy is drunk. If that is your definition of responsible, you need to relearn that word. His six year old was put in that situation because daddy likes alcohol -- daddy didn't learn from his first bout of stupidity and instead decided to endanger his child. Heartbreaking? He should be kissing the ground that he didn't wreck killing his six-year-old. He should be thankful that junior got to see him cuffed rather than dad having to see his son carted off in an ambulance because daddy was a moron.

Don't make excuses for his stupidity. Just don't. Your boyfriend was stupid, irresponsible and selfish.

 

[Silverplum]

I'm totally not by any means defending him. No way. It was totally stupid of him. Just trying to figure out the next steps because what's done is done.

Honey, HE has to "figure out the next steps." Not you. It's not your problem: it's his.

http://al-anon.alateen.org/

 

[duidumdum]

Pretty responsible people don't start drinking when they are responsible for their minor children, put the minor child in a car and drive said child around while daddy is drunk. If that is your definition of responsible, you need to relearn that word. His six year old was put in that situation because daddy likes alcohol -- daddy didn't learn from his first bout of stupidity and instead decided to endanger his child. Heartbreaking? He should be kissing the ground that he didn't wreck killing his six-year-old. He should be thankful that junior got to see him cuffed rather than dad having to see his son carted off in an ambulance because daddy was a moron.

Don't make excuses for his stupidity. Just don't. Your boyfriend was stupid, irresponsible and selfish.

I agree with you completely. Like I said - I'm not by any means defending him or his actions. You asked if it was a regular thing - I said he's generally pretty responsible. I wouldn't say it's regular. I'm not in denial nor have I any interest in sugar coating the situation. It's pretty typical - "he felt fine" - I think, though not positive, that he had 3 beers between 4 and 7. I'm actually surprised that he blew over because he's a bigger guy, and he was right on .08% so it was close. Again, not defending him - it sucks, but I like to plan things out and I'm really just trying to figure out what my life is going to be like over the next several months (or years, blegh).

 

[TheGeekess]

I agree with you completely. Like I said - I'm not by any means defending him or his actions. You asked if it was a regular thing - I said he's generally pretty responsible. I wouldn't say it's regular. I'm not in denial nor have I any interest in sugar coating the situation. It's pretty typical - "he felt fine" - I think, though not positive, that he had 3 beers between 4 and 7. I'm actually surprised that he blew over because he's a bigger guy, and he was right on .08% so it was close. Again, not defending him - it sucks, but I like to plan things out and I'm really just trying to figure out what my life is going to be like over the next several months (or years, blegh).

Fire him, then it's no longer your concern or business. You can move on with your life unencumbered with this man and his problems.

 

[duidumdum]

Fire him, then it's no longer your concern or business. You can move on with your life unencumbered with this man and his problems.

Lol, unfortunately I have a baby with him as well, so that's not quite the case. I know. Lay into me. Lol I get it.

 

[Ohiogal]

I agree with you completely. Like I said - I'm not by any means defending him or his actions. You asked if it was a regular thing - I said he's generally pretty responsible. I wouldn't say it's regular. I'm not in denial nor have I any interest in sugar coating the situation. It's pretty typical - "he felt fine" - I think, though not positive, that he had 3 beers between 4 and 7. I'm actually surprised that he blew over because he's a bigger guy, and he was right on .08% so it was close. Again, not defending him - it sucks, but I like to plan things out and I'm really just trying to figure out what my life is going to be like over the next several months (or years, blegh).

That whole if you drink don't drive lesson just went over his head.
You are dealing with someone with a drinking problem -- not everyone has one DUI let alone two. Not everyone feels compelled to get behind the wheel of a car. Not everyone decides to make excuses regarding their stupidity -- it was only three beers, I was only .08%. He could have been impaired at .06% and killed someone. Would that have been better? Oh but he wasn't per se drunk so he could drive... doesn't matter he killed two nuns and a baby.

You are defending him. If you weren't, you would be letting him sink on his own and deal with the consequences on his rather than making excuses -- "he felt fine" -- lovely. So fine he endangered his child. If you have children with him, be prepared for him to feel fine and take them out after drinking two or three or five beers. But that is okay if he doesn't blow over .08%. Perfectly fine.