California law does not go easy on second-time DUI offenders. However, facing serious penalties doesn’t mean your case will end in a conviction. A Pomona second offense DUI lawyer can help you challenge the charges, reduce the damage, and protect your rights from day one.
With a Pomona DUI lawyer on your side, you can fight for alternatives to jail time, work through court requirements, and pursue a better outcome for your case. They can also assist with appeals, sentencing alternatives, and court requirements.
To explore your legal options, call Los Angeles DUI Lawyer today to get connected with a local attorney for a free consultation.
What Counts as a Second DUI in California?
A second DUI means you’ve had a previous DUI conviction within the past 10 years. This 10-year window is called the “look-back period.” If your first DUI happened more than 10 years ago, the new charge will be treated as a first offense.
Under California Vehicle Code § 23152, it is illegal to:
- Drive with a blood alcohol concentration (BAC) of 0.08% or more.
- Drive under the influence of alcohol, drugs, or both.
If you are arrested for a second DUI within 10 years, the court will treat it as a repeat offense, which comes with enhanced penalties.
Second DUI Penalties in California
Penalties for a second DUI conviction under California law may include:
- Jail time: 96 hours to one year in county jail
- Fines and fees: Up to $2,000 in total court-related costs
- License suspension: Two-year suspension, with the possibility of a restricted license after 12 months
- DUI school: 18 to 30 months of DUI education classes
- Ignition Interlock Device (IID): Required installation for at least one year
The judge may also order probation, community service, and attendance at Alcoholics Anonymous meetings. If the DUI involved an accident or high BAC, the penalties could be even greater.
What to Do if You’re Facing a Second Charge for Driving Under the Influence
If you’re dealing with a second DUI, you must act quickly to protect your case and your future. Here are some first steps:
- Don’t speak to the police without your lawyer present.
- Write down what happened before, during, and after the stop while it’s fresh.
- Keep track of all paperwork, including court dates, DMV notices, and bail instructions.
- Reach out to a Pomona DUI lawyer who understands California DUI laws.
DMV Hearings and License Suspension After a Second DUI
After a second DUI arrest in California, your driver’s license is automatically at risk, even before your court case begins. The Department of Motor Vehicles (DMV) can suspend your license through an administrative process that’s separate from the criminal court system.
You have only 10 days from the date of your arrest to request a DMV hearing. If you don’t act within that window, the DMV will move forward with the suspension. Los Angeles DUI Lawyer can connect you with an attorney who can fight to keep your driving privileges.
While winning a DMV hearing doesn’t cancel your criminal charges, it may allow you to keep driving with a restricted or conditional license. State law allows drivers to install an IID in exchange for limited driving privileges during the suspension period. An attorney can determine if you qualify and guide you through the application process.
When to Hire a Criminal Defense Lawyer for a Second DUI
You don’t have to wait until you’re officially charged to get legal help. It’s smart to contact a lawyer as soon as you are:
- Arrested for DUI
- Pulled over and being questioned
- Told you’re under investigation for a DUI
Early legal help can make a big difference. A lawyer can protect your rights during questioning, fight for your driving privileges at a DMV hearing, and gather evidence before it disappears.
How a Pomona Second Offense DUI Attorney Can Help
A second DUI charge is not something to face alone. Here’s how a criminal defense lawyer can help:
- Evaluate your case: Look for errors in the arrest, chemical tests, or officer behavior.
- Challenge evidence: Argue against unlawful stops or faulty breath/blood tests.
- Negotiate with prosecutors: Seek reduced charges or alternative sentencing.
- Represent you in court: Handle court hearings, DMV proceedings, and license issues.
- Build a tailored defense: Prepare arguments that match your situation.
- File appeals: Challenge an unfair conviction or sentence.
- Explore sentencing alternatives: These include house arrest, work release, or rehab programs.
Defenses Used in Cases Involving a Second DUI in California
Not all charges in driving under the influence cases lead to a conviction. A lawyer may be able to build a defense based on:
- Improper stop: There was no legal reason to pull you over.
- Testing issues: Breath or blood tests were not done correctly.
- Rising BAC: Your BAC was below the limit while driving, but it rose afterward.
- Medical conditions: Certain conditions can mimic signs of impairment.
- Chain of custody: Evidence was mishandled or tainted.
Each case is different. A lawyer can review the facts and find the best approach.
Will You Go to Jail for a Second DUI in California?
Jail time is usually required for a second DUI, but not always. A lawyer may be able to help you avoid time behind bars by asking the court to approve:
- House arrest
- Work furlough
- Private jail (at your own cost)
- Alcohol rehabilitation programs
Judges are more likely to consider alternatives if you have steady employment, family responsibilities, or medical needs.
What Happens to Your Record After a Second DUI?
A second DUI conviction will stay on your criminal record and DMV record for 10 years. This can affect your insurance rates, job opportunities, and professional licenses.
While you cannot expunge a DUI if you served jail time, it may be possible if you completed probation and meet certain conditions under California Penal Code § 1203.4.
A lawyer can explain if expungement is an option in your case.
Get Help Now From a Pomona Second Offense DUI Lawyer
Second DUI charges are serious, and if you or a loved one is facing this charge, now is the time to act. With the right legal help from a Pomona second offense DUI lawyer, you may be able to reduce the damage or even avoid a conviction.
An experienced criminal defense lawyer who knows California law can make a difference. Los Angeles DUI Lawyer is a resource that can connect you with legal help that can protect your future. Call for a free case evaluation today.
