Your Second DUI Raises the Stakes — We’re Ready to Fight
A second DUI offense in California is treated far more seriously than a first. Prosecutors will argue prior consequences failed and ask for significant jail time, longer license penalties, and stricter probation. You need a defense that is immediate, evidence-driven, and tailored to repeat-offense risks.
The Simmrin Law Group Los Angeles DUI Lawyer team focuses on DUI defense across Los Angeles. We challenge the stop, detention, field sobriety tests, and the reliability of breath or blood evidence — and we move quickly to protect your license, employment, and freedom.
What Counts as a Second DUI in California?
California uses a 10-year lookback window. A second offense can be charged when your record within 10 years includes a prior:
- DUI conviction (Vehicle Code § 23152)
- “Wet reckless” conviction counted as a DUI prior
- Out-of-state DUI California treats as equivalent
Important: Not every prior is automatically valid. If the prior plea lacked required advisements, documentation is incomplete, or the offense was misclassified, we may move to exclude it — reshaping charges and sentencing exposure.
Act Fast: You Have Only 10 Days to Protect Your License
After a DUI arrest, the DMV process begins independently of the court case. You generally have 10 days to request a DMV Administrative Per Se Hearing. If you miss the deadline, a suspension can take effect before arraignment.
- We request the DMV hearing and stop the automatic suspension while the case proceeds
- We subpoena maintenance logs, calibration records, and officer training files
- We present expert analysis to challenge BAC and enforcement conclusions
Learn more: DMV Hearing & License Defense
Penalties for a Second DUI Conviction in Los Angeles
While a second DUI is usually a misdemeanor, courts impose substantially harsher terms than a first offense. Outcomes vary by facts, BAC level, refusal, accident involvement, and your prior case record, but can include:
| Penalty Area | Possible Outcome |
|---|---|
| Custody | Mandatory county jail time (often measured in days or months), with potential alternatives where appropriate |
| License | Multi-month to multi-year suspension/revocation; IID-restricted driving may be available when eligible |
| DUI School | Typically an 18-month program (length can vary) |
| Fines & Assessments | Base fines plus substantial penalty assessments and fees |
| Probation | Several years of informal probation with strict conditions |
| Ignition Interlock Device | Often required to regain or maintain limited driving privileges |
| Habitual Traffic Offender | HTO designation may apply, increasing penalties for later violations |
Our goal is to minimize or avoid custody, preserve your ability to work, and protect your record wherever possible.
How The Simmrin Law Group Defends Second DUI Cases
1) Challenge the Stop and Detention
If the officer lacked reasonable suspicion to stop you — or extended the detention without lawful cause — we move to suppress all evidence obtained afterward.
2) Attack the Chemical Test Evidence
Breath and blood results are only as reliable as the machines, operators, and protocols used. We examine:
- Breath machine maintenance and calibration logs
- Operator certification and adherence to procedures
- Chain-of-custody for blood samples
- Storage conditions, fermentation, and contamination risks
- Hospital vs. forensic lab handling inconsistencies
Learn more: Common DUI Defenses
3) Undercut Field Sobriety Testing (FSTs)
FSTs are subjective and impacted by fatigue, nerves, footwear, injuries, age, and roadway conditions. We use cross-examination and expert input to show why FSTs can be unreliable indicators of impairment.
4) Fight Enhancements & Refusals
Prosecutors may seek enhanced penalties for alleged refusals, high BAC, minors in the vehicle, speed enhancements, or accidents. We contest the foundation for any enhancement and seek to reduce or eliminate it.
5) Scrutinize the Prior Conviction
We review your prior file for errors, missing advisements, or misclassification. If a prior is invalid, we seek to strike it — changing the court’s approach and your exposure.
6) Structure a Persuasive Mitigation Plan
When appropriate, we present verified sobriety, treatment engagement, employment stability, and community ties to support alternative sentencing, such as:
- Outpatient or residential treatment
- SCRAM/monitoring programs
- Work release or community custody (where available)
- House arrest with GPS in lieu of straight jail time
License Consequences & IID Restricted Driving
On a second DUI, license consequences are much tougher. In some cases, an Ignition Interlock Device (IID) may allow limited or restricted driving sooner than a hard suspension would. We address timing, eligibility, and compliance to help you keep working.
Learn more: Your Rights After a DUI Arrest
Special Situations We Handle
- Second DUI with alleged refusal or high BAC
- Second DUI with accident (no injury)
- Second DUI while on probation for a first DUI
- Second DUI involving prescription medications
- Commercial driver license (CDL) and employment concerns
- Out-of-state prior treated as a California DUI prior
Why Clients Choose The Simmrin Law Group
- Dedicated DUI defense with repeat-offense focus
- Evidence-first strategy for breath and blood challenges
- Experience with LA DUI courts and prosecutor practices
- We manage both DMV and criminal cases end-to-end
- Track record of mitigating jail exposure and protecting licenses
Frequently Asked Questions
Is a second DUI always a misdemeanor?
Typically, yes. Aggravating factors or injury cases can increase exposure. We evaluate enhancements immediately.
How long will my license be suspended?
Second-offense suspensions are substantially longer than first-offense suspensions. Depending on eligibility, an IID can sometimes allow restricted driving sooner.
Can I avoid jail on a second DUI?
Custody is common, but verified sobriety, treatment participation, and a structured compliance plan can support alternatives in appropriate cases.
Can a second DUI be dismissed?
Yes — if we suppress the stop, undermine testing, or successfully challenge critical elements. Each case turns on its facts and documentation.
Contact The Simmrin Law Group
Your case is moving through the system now. The sooner we get involved, the more options we have to protect your freedom and your license.
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