Second DUI Defence 2017-05-09T08:05:52+00:00

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A second DUI offense is treated a bit more harshly than the first if it occurs within 10 years of the initial DUI conviction. Although you could be sentenced up to one year, a short jail sentence is likely imposed of 96 hours, which does not have to be served all at once, though 10 days may also be likely under CVC Section 23542(a)(1)(A). Your fine will be more than the minimum of $390 and you will expend more in court assessments, licensing fees when your license is reinstated, the cost of a mandatory DUI program and ignition interlock system and increased insurance costs.

The applicable code section for a second DUI offense is CVC 23540:

“CVC 23540 (a) If a person is convicted of a violation of Section 23152 and the offense occurred within 10 years of a separate violation of Section 23103 as specified in Section 23103.5, 23152, or 23153, that resulted in a conviction, that person shall be punished by imprisonment in the county jail for not less than 90 days nor more than one year and by a fine of not less than three hundred ninety dollars ($390) nor more than one thousand dollars ($1,000). The person’s privilege to operate a motor vehicle shall be suspended by the department pursuant to paragraph (3) of subdivision (a) of Section 13352…”

What to do If Stopped

If you had a bad experience when you first arrested and charged with a DUI, then there are some things to remember if you are stopped for a second time provided you are not under the age of 21 and you are no longer on probation for the first DUI, which should not have been more than 3 years:

  1. Have your registration and insurance readily handy so you do not have to fumble to look for it
  2. Be polite at all times and do not look like you are hiding anything
  3. Do not answer any questions about your drinking
  4. Politely state that you will not answer any questions other than providing your license, registration and insurance
  5. If the officer asks you to step out and perform certain coordination and other tests (FST), politely decline to do so
  6. If the officer asks you to blow into a portable breath device, called a PAS, politely decline

If a camera is on the police car, it may record your demeanor as polite and in control. Your Los Angeles second DUI lawyer from the Los Angeles DUI Attorney Group can discuss these measures with you.

The Per Se Administrative Hearing

You do have a right to a hearing on the suspension of your license if requested within 10 days of your receipt of your 30-day temporary license that the officer will give you. This is a trial before an administrative officer only though your Los Angeles second DUI lawyer from the Los Angeles DUI Attorney Group can cross-examine the officer and offer evidence, documentary or testimonial, in your defense. The issues concern:

  • If probable cause existed to stop and detain your vehicle
  • Whether you were lawfully arrested
  • If your BAC was 0.08%
  • If you refused to submit to testing and, if so, whether it was reasonable

Sentencing and Penalties for a Second DUI

Expect increased fines and costs and other penalties under CVC 23542:

“CVC 22542(a) (1) If the court grants probation to a person punished under Section 23540, in addition to the provisions of Section 23600 and any other terms and conditions imposed by the court, the court shall impose as conditions of probation that the person be confined in county jail and fined under either of the following:

(A) For at least 10 days, but not more than one year, and pay a fine of at least three hundred ninety dollars ($390), but not more than one thousand dollars ($1,000).

(B) For at least 96 hours, but not more than one year, and pay a fine of at least three hundred ninety dollars ($390), but not more than one thousand dollars ($1,000). A sentence of 96 hours of confinement shall be served in two increments consisting of a continuous 48 hours each. The two 48-hour increments may be served nonconsecutively.”

Your penalties may be summed up as follows:

  • Fine of $390 up to $1,000
  • Court costs and assessments of several hundred dollars
  • County jail time of 10 days or 96 hours with additional 96 hours if testing was refused
  • Informal probation of 3 to 5 years
  • 18-month participation in DUI program or school
  • One-year license suspension with restricted license available after 6 months
  • Two-year license suspension if refused testing—no restricted license
  • Installation of ignition interlock system in vehicle when license is reinstated including your responsibility to pay for it
  • Proof of Insurance Certificate (SR-22)

If you were still on probation when you were arrested for the DUI, the DMV will suspend your license for 2 years, or for 3 years if you refused testing.

Depending on factors in your case, a Los Angeles second DUI lawyer from the Los Angeles DUI Attorney Group lawyer can plea bargain your charges to a “wet reckless”, which is still a DUI with lesser fine and other penalties, or to an offense where no alcohol was involved so that no second DUI is on your record.

Sentence Enhancements

Your jail sentence will be extended another 96 hours if the following circumstances existed:

  1. You were speeding at least 20 miles over the posted limit
  2. Your BAC was 0.15% or higher
  3. You had a passenger under the age of 14
  4. You refused BAC testing
  5. You caused an accident

If your driving conduct was egregious, the DA could decide to charge you with felony child endangerment, which carries up to 6 years in state prison.

Defenses to a DUI

If facing a second DUI, the DA has to prove that your last one was within the past 10 years or this will be considered your first. Other defenses that our highly skilled Los Angeles second DUI lawyer from the Los Angeles DUI Attorney Group can develop depend on the circumstances and facts of your case. These may include:

  • The officer lacked probable cause to stop you
  • Insufficient evidence to arrest you for DUI
  • If a chemical test was performed, the officer lacked the training to properly administer it
  • You had a medical condition that interfered with the test results and produced a false high reading or no reading
  • The breath taking device was not serviced or maintained according to the manual or protocol

Promptly contact one of our skilled Los Angeles second DUI lawyer from the Los Angeles DUI Attorney Group if facing any kind of DUI charges.