A second charge for driving under the influence (DUI) can affect you for a long time. You have the opportunity to fight back against this charge. Get started by meeting with a San Diego second offense DUI lawyer.
Discuss your second driving under the influence charge with a San Diego DUI lawyer. Choose an attorney who has years of relevant case experience to represent you. Contact a Los Angeles DUI lawyer today for more information about your legal options.
What You Need to Know About a Second DUI Offense
A second-time DUI in 10 years represents a violation of CA Vehicle Code 23540. As a “wobbler” crime, it is both a misdemeanor and a felony. If convicted, you are subject to jail time, fines, and other penalties.
If you think a second DUI arrest is a minor infraction, think again. The prosecution could look for ways to convict you. Fortunately, a San Diego second offense DUI attorney can dispute the prosecution’s case.
A Los Angeles DUI lawyer will protect your legal rights and best interests. They can explain how to avoid jail time after a second DUI and address your legal concerns and questions throughout your litigation. Consult with a DUI attorney.
San Diego Second Offense DUI Penalties
A second offense DUI lawyer serving San Diego can describe the driving under the influence penalties associated with your charge. They will make sure you understand the ramifications of a conviction and California’s DUI penalties. Below are some of the penalties you could receive if you are convicted of a DUI a second time.
Jail Sentence
At a minimum, your jail term will last 96 hours. Comparatively, the court could sentence you to a maximum of 12 months in jail. Your lawyer wants you to avoid jail for your DUI and crafts a legal strategy designed to help you achieve this outcome.
Fines
The fines for second offense DUI convictions range from $390 to $2,000. These can be issued in conjunction with other penalties. A second offense DUI attorney serving San Diego could negotiate a fine in lieu of a jail sentence as part of a plea agreement.
Probation
The court could order summary probation for a maximum of 60 months. This form of probation generally does not require regular check-ins with a probation officer. Your attorney can describe how unsupervised probation ends in California and what to expect if you receive this punishment.
Having an Interlock Ignition Device (IID) Installed in Your Car
The California Department of Motor Vehicles (DMV) uses interlock ignition devices to deter drivers from operating a vehicle while under the influence of alcohol. The second time you are convicted of a DUI, you could be required to install this device in your car for one year.
Suspended Driver’s License
You could lose your license to drive for two years if the court convicts you of a DUI for a second time. Depending on your case, you may be eligible for a restricted license with an IID for a portion of this period.
Beyond these penalties, a second-time DUI conviction can appear on your criminal record. This means your conviction has the potential to impact you if you search for a job or want to buy a home. It can also damage your relationships with family and friends.
What to Do If You Are Charged with a DUI for a Second Time
Request legal help immediately after you are arrested for a DUI a second time. Work with a San Diego DUI attorney who prioritizes your case. Your lawyer will consider many DUI strategies, including:
- Attacking the result of your field sobriety test
- Showing the court that you were dealing with mouth alcohol at the time of your breath test
- Proving that you were not driving a car when the police arrested you
- Explaining how police officers never provided you with your Miranda warning after you were arrested and before you were questioned
- Highlighting how police officers did not have probable cause to pull your car over and arrest you
The prosecution could have concerns about your argument and their case against you. These concerns could prompt the prosecution to propose a plea deal and allow you to accept a less serious charge than a DUI. Your attorney can provide insights into DUI plea bargains and advise you on whether to proceed with one.
Hire San Diego Second Offense DUI Lawyers Who Can Help You Maintain Your Freedom — and Your Driver’s License
How you approach a second-time driving under the influence charge is key. Give your charge your undivided attention. Partner with San Diego second offense DUI attorneys who know the ins and outs of the legal system and can help you prepare a compelling defense.
Trust a Los Angeles DUI lawyer to advocate for you at each stage of your legal proceedings. Find a DUI attorney who has assisted clients in thousands of cases. Connect with a driving under the influence lawyer.
