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  1. #1

    Default 2nd Offense 647(F) or MIP

    My question involves criminal law for the state of: California

    To begin, I am 19 years old. Around half a year ago, I was arrested for PC 647(f) and spent the night in the "drunk tank." I hired an attorney, and actually never went to court. I entered into a delayed entry of judgement program, and actually had the case dropped. There is nothing on my record, and the DMV did not suspend my license for any time.

    In California, a MIP or DIP comes with a one-year suspension of your license for minors (which I luckily avoided). Since my arrest, I have not had a sip of alcohol.

    My question is, what would happen if I (God forbid) was ever cited or arrested again for either a MIP or 647(f) while I am underage? Would I get the basic one-year suspension of my license like first time offenders, or would I get something more severe (like jail time) as I have been arrested before (even though I was never convicted of anything)? Any help would be great (and if you could provide any sort of link to the information, that would be greatly appreciated).

    And if possible, what would be the penalty for a drunk in public if I was 21 or older. Thanks in advance.

  2. #2
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    Default Re: 2nd Offense 647(F) or MIP

    The short answer is "just don't do it".

    The longer answer is, you should expect that any court hearing a new charge will be aware both of the prior offense and of the fact that you got a huge break, and can be expected to sentence you accordingly.

    If you're talking about a disorderly conduct misdemeanor, the penalty would be up to one year in jail and/or a fine.

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