If you’re facing your second DUI (driving under the influence) offense in California, you should be aware that the consequences are dramatically more serious than they were during your first offense.
Virtually all penalties will increase for a second DUI because California treats DUI convictions as priorable. Judges are also less lenient with repeat DUI offenders.
You need to understand the penalties you face and the defenses available to you. The more you know about what a second offense DUI entails in California, the better prepared you can be to fight against your charges, so contact a Los Angeles DUI lawyer today.
What Constitutes a Second Offense DUI?
If you have any previous DUI conviction on your record in the past ten years, it will count as a “prior” DUI, making this your second offense. Certain other offenses, like wet reckless driving, also count as a prior DUI for this purpose.
On the other hand, DUI arrests (that did not result in conviction) do not count. The 10-year window goes back from the date of your arrest.
Like a first-time DUI, your second DUI will go through two different processes: the California DMV and the criminal justice system. Each comes with its own unique set of penalties. You can learn more about a second DUI offense in California with a lawyer.
What Qualifies as Driving Under the Influence?
California’s laws state that you drive under the influence any time you operate a motor vehicle while impaired by alcohol or drugs. Generally, motorists can face a conviction if they drive with their blood alcohol content over 0.08%.
However, commercial motorists must keep their BAC below 0.04% when operating a commercial vehicle. Additionally, motorists under the age of 21 can face DUI charges if their BAC exceeds 0.01%.
The police may also arrest you if you have a BAC below the legal limit by claiming that you appeared impaired. A lawyer can help you deal with this situation.
What Are the Administrative Penalties for a Second Offense DUI?
The DMV will suspend your license automatically if you do not request a hearing within ten days of getting the suspension notice. Usually, this means within ten days of your arrest. Penalties related to this suspension include:
- You will face a license suspension of at least one year.
- If you can apply for “restricted” driving privileges, you must wait three months.
- To reinstate your license or get a restricted license, you will need to carry expensive SR-22 insurance.
The DMV can enforce this suspension 30 days after your arrest, even if you haven’t gotten convicted yet. Don’t fall victim to it. The best thing you can do to improve your immediate circumstances is to request a DMV hearing immediately.
A criminal defense attorney can help you understand the DMV hearing after receiving a DUI. You can rely on your attorney to answer any questions you have.
Your Rights at a DMV Hearing
You have rights in the DMV hearing. These include:
- You can have an attorney represent you during the hearing.
- You can request an in-person hearing rather than one conducted over the phone. Generally, an in-person hearing is advantageous.
- You can require the officer who arrested you to attend the hearing and answer questions. Seeing the officer can not only help your DMV case, but it could also expose weaknesses you can use in your criminal defense.
- If you request a hearing, the DMV cannot suspend your license until the hearing is over. This step can buy you months of breathing room while you handle your criminal defense, and, in some cases, you may end up not facing any suspension at all.
The best way to face the DMV process is to have a DUI defense lawyer representing you. You have a better chance of leniency if you have an attorney ready to defend you and your best interests.
What Are the Criminal Penalties for a Second Offense DUI?
The criminal penalties for a second DUI offense in California are much harsher than a first offense. Some of the penalties include:
Jail Time
A second DUI conviction requires mandatory jail time of at least 96 hours. Unlike a first-time DUI, you usually can’t waive this, and instead of six months, the maximum jail sentence is one year.
Fines
You may need to pay a fine of $390 to $1000. However, the court will also add “penalty assessments,” raising your total to approximately $2,000. In many second DUIs, the cost soars much higher than this.
Mandatory Attendance in DUI School
You will be required to attend a much longer set of DUI classes, ranging from 18 to 30 months of classes. A criminal defense lawyer can push for a shorter class.
DUI Probation
You will be on DUI probation for three to five years, and you are likely to face alcohol treatment, drug treatment, or other court-ordered penalties.
You may have to report to a probation officer regularly. Failure to follow all the rules of your probation can result in more severe penalties.
Use of an Ignition Interlock Device (IID)
You may have to install an IID on your car due to California’s statewide ignition interlock device pilot program. These devices are expensive and require you to give a breath sample to test your blood alcohol concentration (BAC) before your car will turn on.
Other Potential Penalties for a 2nd Offense DUI
The penalties listed above are the bare minimum for a second DUI. Judges have a lot of discretion in assigning additional penalties as part of your DUI probation, especially if they think you still need to learn your lesson.
The judge may order you to:
- Avoid drinking.
- Attend AA sessions or another alcohol treatment or drug treatment group. You must document your attendance and prove to the court that you went.
- Attend a rehab program.
- Attend a program to “scare you straight,” such as those hosted by the organization MADD, which confronts you with people who have lost loved ones to drunk driving.
- Wear a SCRAM bracelet that detects whether you have alcohol in your system.
Failure to uphold any of these conditions may violate your probation, and you can face additional jail time and harsher penalties.
Other Consequences of a Second Offense DUI
Aside from administrative and criminal penalties for a second DUI offense in California, there are other repercussions you should be aware of. Many of them result as a direct consequence of your conviction, such as:
- Rejection from employment or getting fired from your job
- Rejection to college or university
- Rejection from serving in the military
- Rejection of loans or financial assistance
- Multiple points on your Negligent Operator Treatment System from the DMV, which can considerably increase your insurance premiums
Additionally, your DUI will remain on your record for ten years. During that time, if you have another DUI arrest, it will count as your third offense, which brings you dangerously close to a felony DUI.
As with any DUI, you will face sentence enhancements if you refuse to take a chemical test, if your blood alcohol is very high, if you hurt anyone, or if there are other aggravating circumstances in your case.
As you can see, getting convicted for a second DUI offense can cost you a lot financially and socially. Don’t end up letting a mistake cost you everything in your life.
Is It Possible to Beat a Second Offense DUI?
A criminal defense attorney may help you beat a second DUI offense in California. Repeat DUI cases are dropped or won all the time, sometimes even when there is substantial evidence against the driver.
Prosecutors and judges are less likely to be lenient with repeat DUI offenders, but several defense strategies can work. A lawyer may focus on:
- Challenging the validity of the breath test, blood test, or urine test results
- Questioning whether the arrest was legal
- The “no driving” defense in a California DUI case
DUI defense lawyers win second-time DUI cases in dozens of other ways. However, one thing that is for sure is the necessity of a lawyer. You must get a strong DUI lawyer to help you win your case and beat the penalties you face.
Should You Speak with a Lawyer About a Second DUI Offense?
Getting in touch with a lawyer is one of the first things you should do after getting charged with a second DUI offense. Time is of the essence, and the law isn’t on your side. But you don’t have to face your charges alone.
A Los Angeles DUI attorney can help you win your second DUI offense in California case by:
- Gathering evidence related to your case
- Examining the evidence brought against you
- Using any of the defenses listed above to help you fight against your charges
- Ensuring the police do not violate your rights
- Consulting with experts in various fields and witnesses
- Reviewing all plea bargains to ensure they’re fair and in your favor
Remember, even though you can fight for your defense independently, getting a lawyer to help can boost your chances of successfully resolving your charges. An attorney can take steps to mitigate the severe consequences of a second DUI conviction.
How Do Lawyers Resolve Charges for a Second DUI in California?
Depending on your circumstances, an attorney may pursue several strategies to help you with an arrest for driving with an elevated blood alcohol content level. Your attorney may:
Request the Dismissal of Your Charges
The court may drop your charges if a lawyer shows that the prosecution lacks evidence or that the police violated your rights. You can avoid the harsh penalties associated with this criminal charge if the court dismisses your case.
Get Your Second DUI Charges Reduced
In some cases, the prosecution will offer a plea bargain after a DUI arrest. These deals may allow you to reduce your charges to reckless driving, which carries less severe penalties.
However, the prosecution may decline a plea bargain if you have prior DUIs on your criminal record. A lawyer can discuss your eligibility for this option.
Defend You in Court
You can rely on an attorney to represent you in court if your case goes to trial. Lawyers may utilize several defenses, including the rising BAC defense in a DUI case.
An effective defense can help you avoid a jail sentence, license suspension, fines, and other penalties associated with a DUI conviction.
A Lawyer Can Help You Handle a Second DUI Charge in California
You can take steps to protect your future after an arrest for a second DUI offense in California. A lawyer can answer your questions and guide you through the legal system. You can rely on your attorney to put you first.
Find out more about how a lawyer can help by calling or completing our online contact form.