You can sometimes avoid jail time for a second DUI in California by pursuing alternative sentencing options like probation, house arrest, or education programs for drivers accused of driving under the influence (DUI). Working with an experienced DUI attorney can help you negotiate reduced penalties or present legal defenses to avoid incarceration.
We can connect you with an attorney who understands how these cases are handled and can build a strong defense on your behalf to help you avoid a conviction and potential jail time.
Reach out to us today so we can help you set up a free case review with a Los Angeles DUI lawyer.
Can You Avoid Jail Time for a Second DUI?
While California takes DUI charges seriously, you may have a chance to avoid incarceration after a second arrest, despite the laws mentioning mandatory jail time for this offense.
Under California Penal Code §2900.5, there are alternatives to jail time for most felony or misdemeanor offenses, whether by plea or verdict. For DUIs, this means that you could face house arrest, rehab, or probation instead of jail time.
House Arrest
When you get placed under house arrest instead of being sentenced to serve time behind bars, you will have to remain confined to your home for a fixed period. If you leave your home in any way without prior explicit permission or a justified reason, you could face jail time and additional penalties.
Remember, house arrest is a privilege, and a slight misstep can cost you.
While under house arrest, you also need to wear an ankle monitor. This monitor ensures that you stay within the confines of your home. If you leave your home in any way, local law enforcement will know.
Rehabilitation
Checking into rehab can be an alternative to jail. Rehab facilities provide you with counseling and care and will help you overcome addiction. If you can prove to the judge that you have issues with alcoholism and have the willingness to change, you can get put in rehab instead of a jail cell.
Probation
One potential option for avoiding jail time for a second offense DUI is to go on summary probation for up to five years. If you violate your probation in any manner during this period, you will likely lose your freedom and have to serve the jail sentence you initially avoided.
How Much Jail Time Can You Face for a DUI?
A DUI conviction could lead to jail time, even for a first offense. In fact, you may end up facing a maximum of six months in jail for a first-offense DUI conviction.
With penalties increasing for additional convictions, a second conviction can result in a minimum of four days in jail to a maximum of one year in jail.
Note that this only holds true in some counties. For example, some counties have a higher minimum jail time requirement for a second DUI offense. Additionally, not all DUI charges lead to the same amount of jail time because of aggravating factors.
For example, you may face a longer sentence if you get accused of hurting or killing someone in a DUI accident. In this situation, you may even face felony charges here in Los Angeles. Fortunately, you can get professional help on your side right away. A defense lawyer can help you deal with a DUI offense.
A Lawyer Can Help You Avoid Jail Time
An experienced defense attorney can take charge after an arrest under CA Vehicle Code 23540 – DUI Second Offense within 10 Years, working on a defense strategy that could help you avoid jail time.
While having an attorney is no guarantee that you can avoid jail, it can significantly increase your chances of mounting a successful defense against your charges.
A lawyer will help you focus on avoiding a conviction by:
- Investigating your charges
- Working to dispute the evidence against you
- Weakening the prosecution’s case
In some cases, a lawyer could block enough evidence to get your charges dismissed, allowing you to avoid a jail sentence. In some cases, the court may dismiss your DUI allegations if a lawyer shows that the police violated your rights.
A lawyer can also help you secure a plea bargain after a DUI arrest. These bargains are deals offered by the prosecution. Some plea deals allow you to reduce the penalties you’d face for a conviction. You may end up serving community service instead of spending time in jail, for example. However, a plea bargain still shows up on your record as a conviction.
You can discuss all the options to handle a DUI charge with your criminal defense attorney. An attorney will stand by you every step of the way, ensuring that you have the support you need to take on these complex charges.
Consider Defenses to DUI Charges in Los Angeles
A Los Angeles criminal defense attorney can help you handle DUI charges in court and work to secure a verdict in your favor. A criminal defense lawyer can use several potential defenses.
Depending on your situation, your attorney could argue that:
- You were not driving under the influence.
- You got stopped without due cause.
- Your blood alcohol content (BAC) test was mis-administered.
An attorney can help even before your case goes to trial. For example, you can rely on a lawyer to help you handle questioning by prosecutors and police officers.
Your lawyer can also help with your bail hearing, if applicable. The court may require you to make a bail payment to stay out of jail before the criminal trial for your DUI offense. A lawyer can fight for the lowest bail payment possible on your behalf.
Other Penalties for a Second DUI in Los Angeles
In addition to jail time and the other penalties and negative impacts listed above, there are several other penalties associated with this charge, including:
Fines
The fines for a second offense DUI conviction can range from $390 to nearly $2,000, depending on a variety of factors.
Installation of an IID
The state of California recently adopted an Ignition Interlock program. This program requires many drivers convicted of a DUI to install an IID on their vehicle. IIDs are like personal breathalyzers.
They assess your blood alcohol content (BAC) each time you want to start your vehicle. Installation of an IID can be an alternative to losing your license after a DUI arrest.
2nd Offender DUI School
Following a conviction for a second DUI, you will likely need to enroll in an SB38: 2nd Offender DUI School for 18-30 months.
Points on Your License
You can expect to get points on your license after a DUI conviction. The Department of Motor Vehicles (DMV) can also automatically suspend your license after an arrest. You only have a few days to request a hearing to protest this automatic suspension.
Fortunately, a skilled attorney can represent you at your DMV hearing, taking immediate steps to protect your driving privileges.
Other Potential Consequences
A second DUI conviction could also result in:
- Rejections from colleges or universities
- Rejections from the armed forces
- Difficulty obtaining a loan or other financial services
- Long-term or permanent suspension of your license
Don’t let a DUI arrest result in lasting consequences. We can refer you to an experienced attorney who can help you avoid a conviction or negotiate a plea to a lesser charge.
A lawyer can also explain seven mistakes to avoid if you’ve been charged with a second DUI.
Ask a Lawyer if You Can Avoid Jail Time After a Second DUI
So, can you avoid jail time after a second DUI in California? In some cases, a lawyer can help you avoid the possibility of jail time, especially by getting your charges reduced or dismissed or fighting the charges you face in court.
Dealing with a second offense DUI charge can be scary when there’s a lot on the line. Fortunately, you don‘t have to go through this ordeal alone. We can connect you with an attorney who can help you avoid a conviction and the associated jail time after a second DUI.
Please contact us today to schedule an appointment with an experienced DUI attorney for a free consultation at no risk or obligation to you.
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