You can get help building a defense after a second arrest for driving under the influence (DUI) by hiring a Los Angeles second-offense DUI lawyer. If the police arrest you for a subsequent DUI, you must understand the potential penalties and how a lawyer can defend you in court.
A skilled Los Angeles DUI lawyer can focus on reducing your punishment and minimizing fees. An attorney can explain your situation, answer your questions, and help you construct an individualized defense.
Find out more about the services offered by an attorney by calling or filling out our online contact form.
When Should You Call a Second-Offense DUI Lawyer in Los Angeles?
Legal professionals recommend that you contact an attorney immediately after a second drunk driving arrest. Getting help immediately means you’ll have someone on your side to protect your legal rights and stand up for your best interests.
You should not discuss charges for a second DUI offense in California before you speak with your attorney. The police and prosecution can use everything that you say against you once they accuse you of driving under the influence of alcohol.
A Lawyer Understands Ways to Fight a Second DUI
While the punishments are more severe for additional DUI charges, your lawyer can use tried-and-true techniques to resolve your charges. Depending on your circumstances, a Los Angeles second-offense DUI lawyer may focus on:
Reducing Your Charges
The prosecution may offer a plea bargain to reduce your drunk driving charges in some cases. A plea bargain requires you to admit fault for a less severe charge. However, you should know that the prosecution may refuse to make this offer if you have a previous DUI on your record.
Getting Your Charges Dismissed
A criminal defense lawyer in Los Angeles may motion the court to dismiss your criminal charges after a second DUI arrest. The court may dismiss these charges if the police stopped you without reasonable cause or the prosecution has insufficient evidence that you drove under the influence.
Fighting for You in Court
You can rely on a criminal defense attorney to aggressively defend you in court for second drunk driving offenses. An attorney can develop a strong defense based on the specific facts surrounding your arrest.
Your Attorney Can Help with Your DMV Hearing
The Department of Motor Vehicles (DMV) governs when and if you get your driver’s license back after alcohol-related offenses. One of the first steps after hiring an attorney is to request a hearing at the DMV.
Having a hearing at the DMV is your right under due process of law, so take advantage of it. Your Los Angeles second-offense DUI attorney may be able to find technicalities during the hearing that could be useful when you appear before a judge.
Second DUIs Mean More Fines and More Jail Time
Driving under the influence is taken very seriously in California. The legal blood alcohol concentration (BAC) limit is relatively low compared to other states, and the law has a zero-tolerance policy for anyone under 21 caught driving while intoxicated. As serious as the penalties can be, things get even worse when you face a second DUI.
You can face increased jail time charged under CA Vehicle Code 23540 – DUI Second Offense within 10 Years. You may have to complete a longer DUI safety program and to complete a second-offender alcohol treatment program.
Finally, the legal system will require you to install an ignition interlock device (IID) on your car. Specifically, the penalties for a second DUI include:
- A minimum of 96 hours in jail
- Possibility of up to one full year in jail
- Penalty assessment fines ranging from $390 to $1000
- Summary DUI probation lasting up to five years
- Mandatory attendance in an 18-month alcohol education class
- IID installation before you can receive a restricted license
All these additional penalties will cost a lot of money, sometimes running into thousands of dollars. They will also come from your pocket since insurance will not cover them.
Speaking of insurance, you must purchase and maintain special SR-22 insurance until your DUI probation period ends. This insurance is in addition to your existing automotive coverage.
How bad is a second DUI? A conviction can have severe repercussions. A criminal defense attorney can provide more information about the harsher penalties and additional consequences for a second DUI conviction in southern California.
Points on Your License
The DMV will add points to your license after a second DUI conviction. If you already have points and previous arrests for reckless driving or a DUI, you may lose your driving privileges for a long time.
While you can receive a restricted license that allows you to drive to, from, and for work, as well as to DUI classes, this will require the installation of the ignition interlock device so that you are unable to start your car while intoxicated.
Factors That Make a Second DUI Worse
Aggravating factors can make a second DUI even more punishing than usual. The prosecutor will attempt to increase the fines, restrictions, and jail time to punish you more severely.
Any of the following can be considered aggravating factors:
- Causing or being involved in an auto accident
- Committing a hit-and-run accident
- Injuring or killing someone (in another vehicle or a passenger with you)
- Driving with a suspended license
- Having a child or minor under 21 in the car
- Refusing to take a chemical test (breath, blood, or urine)
- Speeding or driving recklessly
- Having a BAC of .15% or higher
- Driving while on probation from a previous DUI
These circumstances can heavily influence a judge’s decision about your case. The prosecuting attorney will work diligently to make an example of you based on how many factors are involved.
Is a Second DUI a Misdemeanor or a Felony?
The court generally treats second DUI charges as misdemeanors, providing no aggravating factors exist. However, if you have committed other crimes or caused injury while driving under the influence, a prosecutor could pursue felony charges. You could face fines up to $5000 and be required to pay restitution to anyone you harmed.
You must fully understand how seriously California’s laws govern subsequent DUI charges. An experienced Los Angeles DUI attorney can help you plan your defense to help ease the burden you face.
Talk to a Lawyer After an Arrest for a Second DUI
A second DUI in California is extremely serious, and this is no time to represent yourself or be confused about how to proceed. Hiring an experienced Los Angeles second-offense DUI lawyer can improve your chances of winning the best result for your case.
We can help you contact a criminal defense attorney after your arrest. Call or complete our online contact form to find out more.
