A second-time driving under the influence (DUI) charge can have long-lasting ramifications. If you think the prosecutor in your case will go easy on you, think again. Fortunately, a Long Beach second-offense DUI lawyer can help you contest your charge.
Work with a Los Angeles DUI lawyer who has many years of legal experience. A DUI lawyer serving Long Beach can prepare a legal strategy tailored to your case. Request a consultation with a driving under the influence lawyer.
Differences Between a First and Second Offense DUI
A first-offense DUI may be treated as a misdemeanor. If you have sufficient evidence and a compelling argument, a first-offense DUI can be dismissed. This means the charge could have no impact on your criminal record.
Alternatively, with a second-offense DUI, you have been previously convicted of driving under the influence. The penalties associated with a second DUI conviction are steeper than those associated with your initial one. Thus, it pays to have a Long Beach second-offense DUI attorney at your side to help you avoid a conviction.
A Los Angeles DUI lawyer is familiar with the consequences of getting convicted of driving under the influence for a second time. They can provide insights into what a DUI conviction is and prepare an argument designed to prove to the court that you should not be punished for a second offense. Schedule a consultation with a DUI attorney.
Long Beach Second-Offense DUI Penalties
Based on CA Vehicle Code 23540, you could face more severe penalties the second time you are convicted of driving under the influence in contrast to your first conviction. A second-offense DUI lawyer serving Long Beach can teach you about the penalties associated with your charge.
These penalties could include:
- A jail sentence of up to one year
- A fine of up to $2,000
- Probation of three to five years
- DUI school for up to 30 months
- Installation of an ignition interlock device in your vehicle for up to one year
Along with these penalties, you could be subject to a driver’s license suspension. In California, you face a two-year suspension of your driver’s license if you have been convicted of a DUI twice within a 10-year window. If you are convicted of driving under the influence a third time within 10 years, your license can be suspended for three years.
How to Contest a Second-Offense DUI
Following your arrest, hire a second-offense DUI attorney serving Long Beach. Your lawyer can evaluate your case and may consider many DUI strategies. Legal defenses your attorney could use to dispute your driving under the influence charge include:
Challenging Your Preliminary Alcohol Screening (PAS) Test Results
The police perform a PAS test, and the results lead to your DUI arrest. Your attorney can review your test results carefully. They may find discrepancies that indicate that your breath test was not completed properly, which could raise doubts about the validity and accuracy of the results.
Questioning Your Traffic Stop
Police officers pull you over and arrest you for a DUI but may not have had reasonable cause to do so. Your lawyer can question what prompted the police to stop you in the first place. If the prosecution lacks sufficient evidence to support the police’s decision to make a traffic stop, it can become exceedingly difficult to argue their case against you.
Proving that You Never Received Your Miranda Rights
You are arrested for a DUI, and the police did not read your Miranda warning to you. In this situation, your lawyer could say that police officers questioned you even though you were unaware that you had the right to stay silent. The court may suppress evidence that the prosecution intends to use, which may help you achieve a favorable case outcome.
Based on your case, the prosecution could offer a plea deal in which you agree to a lesser charge than the one initially levied against you. If this occurs, you could avoid jail time and other severe punishments.
Your lawyer can teach you about DUI plea bargains and help you determine if it is in your best interests to approve one.
Trust a Long Beach Second-Offense DUI Lawyer to Help You with Your Criminal Case
A second driving under the influence arrest can cause major problems for you and your family. The prosecutor in your case is likely to commit substantial time and resources to prove to the court that you should be convicted. Thankfully, you have legal options, and a Long Beach second-time offense DUI lawyer can explain these in detail.
Get legal help from a Los Angeles DUI lawyer who understands second-offense driving under the influence penalties and their severity. Your attorney can develop an argument that could help you keep your freedom. We can connect you with a DUI attorney to talk about your criminal case.