Any DUI arrest in California is a serious matter, but once you are labeled a repeat offender, the penalties escalate rapidly.
If you have a second DUI in California, the potential penalties are daunting:
DMV/Administrative Penalties
If you receive a second California DUI offense within 10 years, you face a DMV suspension of your license for one to two years. In addition, you must attend a DUI School for as long as 18 months. You will also have to carry SR-22 insurance.
If you are arrested for Driving Under the Influence in California, you have 10 days to request an administrative hearing at the California DMV. (It’s the first thing your lawyer should do for you after they have been retained.)
Criminal Penalties
If you receive a California DUI within 10 years of a prior DUI, then you will be charged with a second California DUI. 96 hours of Jail time is considered “mandatory” on a second DUI offense. However, a skilled attorney may be able to have the time converted to work service. You also face at least three and as many as five years of probation and a fine of $1,000 to $2,500.
Aggravating factors, such as an accident or high blood alcohol level (BAC) can result in increased penalties.
Aggressive Legal Defense
Being arrested for a second DUI can be overwhelming. A second California DUI conviction can potentially be a life changing event. A skilled California DUI attorney can aggressively defend you, either by taking the case to trial, or negotiating a favorable resolution with the district attorney. Many people believe that when they are arrested for a California DUI their situation is helpless. This is not the case. You are entitled to the presumption of innocence. There are hundreds of potential problems with their case:
- Lack of probable cause
- Lack of proof of driving
- Failure to observe prior to BAC test
- Tainted evidence
- Loss of evidence
- Chain of custody issues
- Improper calibration of equipment
It is not a forgone conclusion that the DA has a solid case against you.
