Sentences for DUIs can be harsh, especially if you have prior convictions. If you’re facing charges for a second DUI, a DUI lawyer in Van Nuys can protect your rights.
A DUI charge can be scary. Without a lawyer by your side, you’ll risk saying or doing something that compromises your defense.
Los Angeles DUI Lawyer has spent decades connecting Californians with seasoned DUI attorneys. If you’ve been charged with a second DUI, a Van Nuys second offense DUI lawyer can help you put together a strong defense.
How Can a Van Nuys Second Offense DUI Attorney Help Me?
If you’ve been charged with a second DUI, an attorney can provide critical support. Specifically, they can:
- Develop a defense: A lawyer can create a personalized defense based on your specific situation, prior record, and the circumstances of your arrest.
- Analyze the evidence: From breathalyzer calibration records to dashcam footage, your lawyer can identify weaknesses in the prosecution’s case.
- Negotiate with the prosecutor: Your attorney may be able to secure a reduced charge or sentence by negotiating with the prosecuting attorney.
- Represent you in court: A second DUI offense often requires multiple court appearances. Your lawyer can appear on your behalf and argue your case.
A second offense DUI lawyer in Van Nuys can make a significant difference in the outcome of your case.
Penalties for a Second DUI in California
In California, a second DUI conviction within 10 years of a prior DUI or “wet reckless” conviction carries significantly enhanced penalties. These may include:
- Four days to 1 year in county jail
- Up to $1,000 in fines
- A 2-year driver’s license suspension from the California DMV
- Enrollment in a DUI school (for 18 to 30 months)
- Up to 5 years of probation
- Installation of an IID in your vehicle for at least 1 year
The court may also impose other conditions, such as community service, alcohol treatment programs, or vehicle impoundment. A second offense DUI attorney in Van Nuys can work to reduce the penalties you receive.
Possible Defenses
While a second DUI charge is serious, a conviction isn’t inevitable. An attorney may use several potential defenses to fight your charges, such as:
- Unlawful traffic stop: If the officer lacked probable cause to stop you, the case could be dismissed.
- Faulty breath or blood tests: Inaccurate equipment or improper testing procedures can invalidate BAC results.
- Medical conditions: Certain medical issues (such as acid reflux or diabetes) can affect BAC readings.
- Improper field sobriety tests: FSTs are subjective and often administered incorrectly.
- No proof of driving: If no one saw you driving, the prosecution may lack key evidence.
A Van Nuys second offense DUI attorney can review every detail of your case to determine the best defense to use.
How Can I Avoid Jail Time for My Second DUI in California?
Avoiding jail time for a second DUI is possible, but it requires strong legal advocacy. Judges may agree to alternative sentencing options in certain cases, especially if you:
- Were cooperative during the arrest
- Did not cause an accident or injury
- Are willing to attend treatment or counseling
- Agree to wear a SCRAM (alcohol monitoring) bracelet
- Install an IID and comply with all court requirements
A DUI attorney in Van Nuys can present these options to the court and argue for alternatives to incarceration.
When Is a DUI a Felony in California?
Most second DUI offenses in California are misdemeanors. However, a DUI can be charged as a felony under certain circumstances, such as if:
- It’s your fourth DUI within 10 years.
- Your intoxicated driving caused injury or death.
- You have a prior felony DUI conviction.
Felony DUIs carry much harsher penalties, including state prison time, higher fines, and a permanent criminal record.
Do I Have to Go to Court for a Second DUI If I Have a Lawyer?
If you hire a DUI attorney, they can often appear in court on your behalf, especially for misdemeanor charges. However, you may still be required to appear at certain stages, such as:
- Arraignment (first court appearance)
- Sentencing (if convicted)
- DMV hearings (if requested)
Your lawyer will guide you through the process and let you know when your presence is mandatory.
What Is Considered a DUI in California?
According to California Vehicle Code 23152(b), you’re considered to be driving under the influence if:
- Your blood alcohol content (BAC) is 0.08% or higher (for most drivers)
- Your BAC is 0.04% or higher if you’re a commercial driver or rideshare driver
- You’re impaired by alcohol, drugs, or a combination of the two (even if your BAC is below the legal limit)
Both chemical test results and observed behavior (such as swerving or slurred speech) can be used to prove your impairment.
What to Do if You’re Arrested for a Second DUI
If you’ve been arrested for a second DUI, it’s crucial to follow these steps:
- Remain silent: Do not answer questions or try to explain yourself without a lawyer present.
- Request an attorney: Ask to speak with a DUI lawyer right away.
- Schedule a DMV hearing: You only have 10 days from your arrest date to request a DMV hearing to fight your license suspension.
- Document everything: Write down the details of your arrest while it’s still fresh.
- Avoid discussing your case: Don’t talk to friends or family or post on social media about the incident.
Connect With a Second Offense DUI Lawyer in Van Nuys
A second DUI charge in California carries serious legal penalties. With the stakes this high, you need legal representation.
If you’re facing a second DUI charge, don’t try to navigate the legal process alone. Los Angeles DUI Lawyer can connect you with an experienced DUI attorney who can challenge the evidence against you, protect your rights, and work toward the best possible outcome for your case.
Call today to start building your defense.
