CA Vehicle Code 23540 – DUI Second Offense within 10 Years allows the court system in California to increase the penalties drivers face if convicted of a second instance of driving under the influence within 10 years of a prior conviction.
Drivers convicted under VC 23540 may face up to a year of jail time, hiring fines, and a longer license suspension. A Los Angeles DUI lawyer can provide more information about this California Vehicle Code’s DUI second offense and help you face drunk driving charges to avoid these penalties.
When Does VC 23540 Apply?
You may face legal charges related to VC 23540 if you have any kind of prior DUI on your record within the past 10 years. These charges may include:
- Driving under the influence of alcohol or drugs
- Wet reckless driving
- Driving with a BAC of 0.08% or greater
Although often referred to as the “second DUI” law, CA Vehicle Code 23540 – DUI Second Offense within 10 Years also applies to a third or subsequent DUI within a 10-year period. However, each subsequent conviction comes with more severe penalties.
Consequences of a Repeat DUI under VC 23540
VC 23540 spells out the extra penalties you face. These are:
- 90 days to one year in county jail (compared with just two days to six months for a first-time DUI)
- A fine of $390-1,000 plus fees (same as a first-time DUI)
- License suspension (which is longer than a first-time DUI)
But this is where things get tricky. The penalties listed in VC 23540 assume that the court does not give you probation.
In practice, you will likely be granted probation even as a repeat offender. This factor will change your sentence to:
- 96 hours (four days) in jail, up to one year max, for a second offense
- 120 days to one year in jail for a third offense
- 180 days to one year in jail, or up to 16 months in state prison, for a third offense
In most cases, it’s better to get probation and a shorter jail sentence than the full penalty listed under VC 23540. A criminal defense attorney can tell you more about the penalties for repeat offenders, including mandatory jail time.
Can You Lose Your Driver’s License Under VC 23540?
You can face a two-year suspension period for your driving privileges after a second DUI conviction in California. However, during this period, you may qualify for a restricted license due to California’s statewide ignition interlock device (IID) pilot program.
An IID-restricted license allows you to continue driving as normal. However, you must use the IID each time you want to drive. The device tests your blood alcohol content (BAC) before allowing you to start your motor vehicle.
Drivers with a single DUI in the past 10 years may need to use an IID for a year. If you have two past DUIs, you may need to keep using the device for two years. Individuals with three or more offenses must keep using the device for at least three years.
Will Expungement Prevent Charges Under VC 23540?
Expungement can remove charges from your criminal record. However, the process does not completely wipe out DUI convictions. Convictions within 10 years will still count against you under CA Vehicle Code 23540 – DUI Second Offense within 10 Years.
A criminal defense lawyer can provide information about the potential benefits of getting a DUI conviction expunged. Generally, you can only complete this process after completing a period of probation.
Can a Lawyer Help with a Second DUI Offense?
An attorney can help you deal with a second DUI charge and subsequent offenses. Your lawyer can focus on:
Getting Your Charges Dismissed
The court may dismiss DUI charges without making you spend days in jail if a lawyer shows that the police stopped you without reasonable cause or that officers otherwise violated your rights. You can discuss this option before facing a second DUI conviction.
Getting Your Charges Reduced
You may also have a chance to deal with a DUI accusation by accepting a plea bargain from the prosecution. These deals require you to plead guilty to a less severe offense in exchange for lessened penalties.
For example, you may accept a reckless driving charge instead of charges for driving under the influence of drugs or alcohol. However, the prosecution may not offer deals for individuals past DUI convictions.
Representing You in Court
Your attorney can build a legal defense to help you face CA Vehicle Code 23540 – DUI Second Offense within 10 Years allegations. A lawyer may argue that the police performed a blood alcohol concentration test incorrectly or that you only started drinking after parking your car.
Working with an attorney right away can help you focus on your legal options and the potential consequences of a conviction.
A Lawyer Can Handle All Your Legal Needs
You have options if you face an arrest for a second DUI within 10 years in California. An attorney can help with your:
- Arraignment hearing
- Bail hearing (when applicable)
- Pre-trial hearings and motions
- DMV hearing
You can rely on a professional legal team to help with felony and misdemeanor offenses, giving you back your peace of mind after an arrest.
Learn About Vehicle Code 23540 with Legal Professionals
Have you been charged with DUI in California involving CA Vehicle Code 23540 – DUI Second Offense within 10 Years? We can connect you with an experienced Los Angeles DUI lawyer and get you a FREE consultation.
You can start working on your defense when you call or complete our online contact form.
