Posts tagged second DUI

Ultimate Fighter Nick Diaz Arrested for DUI

A few weeks ago, Ultimate Fighter mega star Nick Diaz was arrested for DUI in California.  The story becomes much more entertaining when apparently Diaz gets the bright idea to vomit the alcohol out of his system,~ hey he’s probably used the same method to make-weight, he must have thought it would also work for lowing an alcohol BAC level.  Unfortunately for Nick, he was unable to perform, and his creativity only landed him two additional legal charges of obstructing a police DUI investigation and destroying evidence (aka, trying to puke out the booze).

Diaz landed the DUI at 2am on September 6th when he was stopped by CA police officers for committing a traffic violation.  Upon questioning, the officers allegedly could smell odors of alcohol and visually noticed signs of intoxication.  The 31 year-old pro figher was arrested for DUI and was taken into custody.

While at jail, police officers asked Diaz if he wanted to provide a blood sample or breath sample, Diaz chose the breath sample.  While officers set up the breathalyzer machine, Diaz asked to use the restroom, where he tried to eliminate his DUI evidence.  The police could hear the gagging and immediately stopped Diaz before he could “toss any cookies”.  According to watch commander Sergeant Steve Maynard, Diaz’s attempt to vomit was considered a refusal to take the test.  Here in Washington State, refusal of both the breath or blood test will result in even harsher penalties if found guilty of the DUI, than compared to someone who submits to either the breath or blood tests.  Diaz was booked and charged with misdemeanor DUI, driving on a suspended license, obstruction of a police investigation, and destroying evidence.  To make matters worse, this is Diaz’s second DUI within a year.  Last November, Diaz was arrested and charged with DUI and unsafe speed for prevailing conditions.

Recently, sports agent Lloyd Pierson released statements on behalf of Diaz regarding the DUI arrest, “He is very sorry he has disappointed his fans, friends and family.  Nick wants to take the opportunity to thank all his fans who have immediately reached out to him for unconditional support.”

With a much-anticipated fight ahead ~ UFC 183 Nick Diaz VS Anderson Silva ~ January 31, Diaz better get a strong criminal defense attorney to defend his rights and knockout his new legal charges.

Nick Diaz is due back in court on September 25th for his DUI arraignment.

 

TKO

What are the Penalties for 2nd DUI Conviction? – Criminal Defense Attorney, David O

When an individual is found guilty of  a second DUI (driving under the influence) within seven years from the first DUI conviction the penalties become tougher and increase in duration and cost.

Here are Washington States minimum and maximum penalties for a second DUI within seven years.

If the BAC (blood alcohol content) result was less than .15, penalties for a 2nd DUI are as follows:

  • Days in Jail:  30-364 and 60 days of EHM (electric home monitoring)
  • Fines:  $1,196.00 to $5,000.00
  • Ignition Interlock Device:  5 years
  • License Revocation:  2 years.

If the BAC result was more than .15 or a BAC refusal, penalties for a 2nd DUI are as follows:

  • Days in Jail:  45-364 and 90 days of EHM
  • Fines:  $1,621.00 to $5,000.00
  • Ignition Interlock Device:  5 years
  • License Revocation:  900 days if BAC result was more than .15 Or 3 years if BAC was refused.

If charged with a second DUI in Washington State, it is in your best interest to speak with a reputable DUI criminal defense attorney about your case and options.  Every DUI lawyer at David O Defense offers a free, no hassle, no obligation consultation to talk about the details of your case, call 206-459-6392 to schedule today.

Bobby Brown is Sentenced to 55 Days in Jail for DUI #2.

Follow up report.  Bobby Brown is going to spend some time in the slammer for his latest charge of DUI that occurred in October 2012 (check out my blog “Snaps!  Bobby Brown’s 2nd DUI This Year” for the DUI arrest details).

Earlier today, retired singing sensation Bobby Brown, pled no contest to the DUI and driving on a license suspended charges.  The judge sentenced him to 55 days in jail, 4 years of probation, and completion of an 18 month DUI and alcohol treatment program.   Brown was also ordered to attend 3 Alcoholics Anonymous meeting per week until he starts his jail time, which must begin by March 20th.

This is Bobby Brown’s third DUI in his lifetime.  The first DUI occurred in 1996, followed by his second and third DUI in 2012.

Here in Washington State, if a person is guilty of a second DUI within seven years, they would be facing a jail sentence ranging from a minimum of 30 days to a maximum of 364 days behind bars.   They would also need to invest in a good pair of sneakers or a bus pass because they would lose their driver’s license for a minimum of 2 years and up to a max of 2 1/2 years.  Lets not forget fines ranging from $1196.00 to $5000.00 and electric home monitoring post jail time for at least 60 days.

 

Written by S.O

David O Defense
2211 Elliott Avenue, Suite 200 Seattle, WA 98121
Tel: 206.459.6392
Fax: 888.615.0237
Email: david@davidodefense.com