Home Law Second DUI Penalties

Second DUI Penalties

A second DUI arrest can wreak havoc on your life. If you are arrested for a DUI during a traffic stop or while operating a vehicle, you have committed a crime. Even if you were not driving when you were arrested, you should be fully aware of the repercussions of a DUI. You face harsher penalties and more limited access to your car and finances than you faced if you did not drive while intoxicated. Here are some of the key points to help you understand the impact of a second DUI arrest.

A second DUI conviction attracts stiffer penalties, including enhanced suspension and license suspension. Under California law, a DUI conviction is a subsequent criminal offense. A DUI conviction over a five-year lookback period becomes subject to a separate criminal proceeding and a separate administrative action. As with a first conviction DUI, an additional DUI conviction is also subject to a DMV administrative proceeding and separate criminal proceedings. For this reason, California DUI lawyers are often involved in the determination of a sentence for second DUI convictions.

If you are facing a second dui charge, it is important to hire a California DUI lawyer well versed in the second DUI statute and your specific circumstances. An experienced and aggressive defense attorney will know which evidentiary issues to raise and how to rebut any evidence against you. The California law makes it very difficult to obtain a conviction for a second DUI charge, especially if the blood alcohol content (BAC) test was administered after the arrest. The law requires that the blood alcohol content must be administered immediately after the arrest for an accurate determination of alcohol impairment.

In addition to a possible second DUI violation, the penalties for a second DUI offense include fines, court costs, and license suspensions. The second DUI will affect your ability to get insurance coverage, reduce the value of your car, and may subject you to jail time. An experienced attorney will look out for your best interests and fight for your innocence in this situation. It can be a challenging and frustrating situation, but a good DUI lawyer will work with you to make sure that your rights are protected and that you do not spend more money than necessary to pay for your defense. When facing a serious criminal charge, it is important to have a competent attorney fighting on your behalf.

California DUI lawyers will not let you be accused of a second DUI offense within five years of your first DUI conviction or within five years of a second subsequent DUI offense. This is called the “zero tolerance policy” and was designed to prevent repeat offenders from driving a motor vehicle. The current law also covers repeat DUI offenders who use an ignition interlock device while driving. An ignition interlock device is installed in your vehicle for the life of the license and cannot be removed without immediate legal action.

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A good California DUI attorney will fight for you right to the maximum penalties available. If you or someone else has been arrested and convicted of a second DUI offense, contact an experienced attorney immediately. The penalties for this offense are very serious and carry very long prison sentences if you are found guilty. Getting a good DUI attorney will ensure that you do not spend time in jail, receive an excessive amount of punishment, or have other permanent license restrictions. Make sure that your attorney is committed to fighting for your freedom and fighting for you so that you can get the treatment you deserve.


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