A second DUI offense in California is treated much more seriously than a first-time offense. The penalties are harsher and can include a mandatory jail sentence, higher fines, and a longer license suspension of up to two years. An experienced Anaheim second offense DUI lawyer can minimize these penalties and protect your rights.
After a DUI incident, you may not know where to turn for help. At Los Angeles DUI Lawyer, we connect individuals with local attorneys. With decades of combined experience and a proven track record of helping thousands of clients, we can help you find the right Anaheim DUI lawyer to represent your case.
Compassionate Anaheim Second Offense Lawyers will Review Your Options
A DUI charge can have a significant emotional impact on your life. The stress of facing legal consequences, the uncertainty of what’s to come, and the worry about how it will affect your future can feel overwhelming. You don’t have to go through this alone.
Your attorney will review the details of your case, explain the potential penalties, and help you determine the best course of action. An experienced Anaheim second offense DUI lawyer will work with you to minimize the consequences of a second DUI. Their goal is to ensure you have a fair chance at a favorable outcome and to support you every step of the way.
What Counts as a Second DUI Offense in California?
In California, a second DUI offense is any DUI conviction that occurs within 10 years of a prior DUI conviction. This includes driving under the influence of alcohol or drugs, driving with a blood alcohol concentration (BAC) of 0.08% or higher, or refusing a chemical test when stopped by law enforcement.
Even if the first offense was in another state, it could still count as a prior offense under California law. The 10-year period is referred to as the “lookback” period, and it begins from the date of the first offense to the date of the second violation. Your lawyer will help you better understand how CA Vehicle Code 23540 applies to your situation.
Administrative Penalties for a Second DUI
The DMV will automatically suspend your driver’s license if you don’t request a hearing within 10 days of receiving the suspension notice. Failing to request a hearing within this time frame forfeits your right to challenge the suspension, and the DMV will suspend your license.
Penalties related to your license suspension include:
- Your driver’s license will be suspended for a minimum of one year
- If you’re eligible to apply for restricted driving privileges, you’ll need to wait three months
- To either reinstate your license or obtain a restricted license, you must carry costly SR-22 insurance
The DMV has the authority to impose a license suspension starting 30 days after your arrest, regardless of whether you have been convicted of a DUI. This automatic process can catch you off guard if you don’t act quickly. To protect your driving privileges, request a DMV hearing as soon as possible.
A second offense DUI attorney in Anaheim can guide you through the DMV hearing process and help you understand what to expect after receiving a DUI. With legal support, you can take steps to challenge the suspension and work toward a better outcome.
Criminal Penalties for a Second DUI Offense
The penalties for a second DUI offense in California are significantly stricter compared to a first offense. Repeat offenders face harsher consequences. If you’re facing a second DUI, seek legal guidance to understand your options and work toward minimizing the impact on your life.
For a second DUI offense, you could face the following criminal penalties:
- Jail time: A second DUI conviction carries a mandatory jail sentence of at least 96 hours. Unlike a first offense, this time cannot usually be waived. The maximum jail sentence increases to one year instead of six months.
- Fines: The fine for a second DUI ranges from $390 to $1,000, but additional penalty assessments can raise the total to around $2,000 or more. In many cases, the total costs can be much higher, depending on the circumstances of your case.
- DUI school: You will be required to complete a longer DUI education program, typically lasting 18 to 30 months. A criminal defense lawyer can advocate for a shorter class duration if possible.
- DUI probation: Second-time offenders are placed on DUI probation for three to five years. This often includes court-ordered penalties like alcohol or drug treatment programs, community service, or other rehabilitation measures.
As part of your probation, you may be required to meet with a probation officer on a regular basis. These meetings are designed to ensure you are complying with all the terms set by the court.
Follow every rule of your probation, as even minor violations can have serious consequences. Failure to comply could result in additional penalties, such as extended probation, increased fines, mandatory jail time, or other court-ordered sanctions.
How to Beat a Second DUI
Working with an experienced Anaheim second offense DUI attorney is your best chance to beat a second DUI or diminish the penalties. After reviewing the unique details of your case, your lawyer will create a personalized defense strategy.
A DUI lawyer can help you beat a second DUI by:
- Reviewing the evidence for errors or inconsistencies
- Challenging the validity of the traffic stop
- Questioning the accuracy of breath or blood tests
- Negotiating reduced charges or penalties
- Advocating for alternative sentencing options
- Representing you at DMV hearings
- Presenting mitigating circumstances to the court
- Identifying weaknesses in the prosecution’s case
- Working to suppress unlawfully obtained evidence
A Second Offense DUI Lawyer in Anaheim will Protect Your Rights
A second DUI offense in California carries serious consequences. Hiring an experienced Anaheim DUI attorney can significantly improve your chances of reducing penalties or even getting the charges dismissed.
Los Angeles DUI Lawyer can connect you with a skilled criminal defense lawyer following your arrest. Call today to learn more about how we can help you navigate this challenging situation.