A first DUI charge is serious in California, but your second offense takes things to another level. Sentences are tougher, and your chances of leniency are greatly reduced. From the state’s perspective, you’ve already had an opportunity to reform your behavior, but you didn’t take it.
Of course, the reality is far more complicated, but getting the prosecution to understand your situation isn’t easy. It’s also possible that you’ve been treated unfairly. A Santa Monica second offense DUI lawyer can review your charges and fight for the best possible outcome.
For nearly two decades, Los Angeles DUI Lawyer has helped Californians arrested for DUI offenses get the legal representation they need. Call today, and we can connect you with a Santa Monica DUI lawyer who will help you with your second offense DUI case.
What Are the Penalties for a Second Offense DUI?
A second DUI within 10 years in California comes with tougher consequences than the first, even if your BAC was just over the legal limit. The court takes repeat offenses seriously; however, penalties can vary depending on your specific case.
A Santa Monica second offense DUI attorney can work to minimize the impact of your charges on your life or potentially get them dropped altogether. You could possibly face:
- Jail time: 96 hours to one year
- Fines: $390 to $1,000, plus penalty assessments, which can raise the total to several thousand dollars
- License suspension: Up to two years, with a possible restricted license if an IID is installed
- DUI education program: 18 to 30 months
- Ignition Interlock Device (IID): Required for most offenders
- Probation: Typically three to five years
- Community service: May be ordered by the court
- Insurance impact: Higher premiums or cancellation
What Factors Can Make a Second DUI Even Worse?
Ultimately, your sentence will depend on the specifics of your case. If any of these aggravating factors apply to your case, you could see harsher punishment.
- A higher BAC of greater than 0.15 often leads to longer jail time, higher fines, and a longer DUI program because the court sees it as more dangerous behavior.
- Refusing a chemical test can result in a longer license suspension without a restricted license and may lead to harsher penalties in court.
- If your DUI involves an accident or injury, the charge can become a felony DUI, bringing much steeper penalties, including prison time and victim restitution.
- Driving under the influence with a child under 14 in the car adds mandatory jail time and may lead to separate child endangerment charges.
How Long Do You Lose Your License for a Second DUI Offense?
For a second offense in California, the DMV may suspend your license for driving under the influence for up to two years. The criminal court may impose an additional suspension. However, you might be eligible to drive sooner if you install an ignition interlock device (IID).
With the IID, you could get back on the road right away, but only for work, school, or essential needs, depending on the court’s decision. If you refused a chemical test or had other aggravating factors, the suspension period could be longer.
Restoring your driving privilege takes time, paperwork, and proof that you’re enrolled in a DUI education program. A second offense DUI lawyer in Santa Monica can help you understand your situation and work to protect your license.
Can You Avoid Jail After a Second Offense DUI?
It’s possible to avoid jail time for a second DUI offense within 10 years, but it depends on the facts of your case and the court’s discretion. In some situations, the judge might allow alternatives like house arrest, work release, or a residential treatment program.
These options aren’t guaranteed and often depend on whether your DUI involved an accident, high BAC, or probation violations. The court wants to see accountability and effort to make changes. Your attorney can help you present a strong case for leniency.
How Will an Attorney Fight My Second DUI Charge?
Your attorney is your advocate who will stand up for you and protect your rights. Some of the things they can do to contest your charges or reduce their impact include:
- Check if police violated your rights during your traffic stop or arrest.
- Challenge the accuracy of breath or blood test results.
- Look for errors in police reports or evidence handling.
- Contest questionable evidence.
- Negotiate with the prosecutor for reduced charges.
- Request alternative sentencing, such as house arrest or treatment.
- Advocate for you in DMV administrative hearings.
- Prepare a strong defense for trial, if needed.
Connect With a Santa Monica Second Offense DUI Attorney
If you are convicted of a second DUI in California, you can face jail time, major fines, a loss of your license, and other serious punishments. It’s easy to understand why the state is hard on DUI offenders, but you still have rights, and you deserve to have your voice heard.
It’s rarely a good idea to take on the government by yourself when there is so much at stake. Get help from a Santa Monica second offense DUI attorney who can evaluate your charges and find ways to counter the prosecution’s arguments or fight for leniency in your sentencing.
At Los Angeles DUI Lawyer, we connect California citizens facing serious DUI-related legal issues with skilled lawyers who have experience fighting driving under the influence charges.
Call today, and we can help you find the right attorney for your second offense DUI case.
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