Many people who get a second-time DUI in Los Angeles don't realize how serious the case is because the first DUI that they got was nowhere near as serious as what can happen with a second-time DUI in Los Angeles.
Driver's License Suspension
First off, the biggest problem is your license. The DMV is going to take your license away for one year after you're convicted of a second-time DUI, or if they administratively find that you are responsible for a second-time DUI.
So, that's probably one of the biggest issues that people face, because in Los Angeles, California, as everyone knows, it's a commuter location.
You have to have access to a vehicle in order to run your career, take care of your family and a number of different things. You have to be able to get around in the world, so that year suspension is probably one of the biggest issues.
There are ways to get the suspension to be lower with the installation of an ignition interlock device – an SR22 – which is proof that you have insurance, but again, these second-time DUI's are a killer as far as your license goes.
In addition to your license being suspended for a much longer period of time than with the first-time DUI, you also have to do a much longer alcohol program which is costly and time-consuming.
It's just basically a pain to have to do these classes. On a second offense, you have to do an eighteen-month alcohol program which is very difficult because of the time commitment that is involved.
But the bottom line is if you don't do the eighteen-month alcohol program, then you can never get your license back in California.
That's what the killer is with these second-time DUI's in Los Angeles. In order to get that license back, you have to do the eighteen-month alcohol program.
I have people that come all the time from other states who got DUI's. Their second-time DUI for example in the other state didn't require them to do that eighteen-month alcohol program.
So, now they're coming to beautiful California to live with their DUI and the California DMV says listen, we don't care what the other state did. You got a second-time DUI. You're doing one of our court-approved eighteen-month alcohol programs.
If you don't do it, then we're never going to give you your driver's license and if you get caught driving in Los Angeles, California, you're going to go to jail, because on these DUI's your license is suspended for a second-time DUI in LA.
If you get pulled over by the police driving on that suspended license, they're going to throw the book at you.
They're going to say there's a mandatory minimum of ten days in jail. If you're on probation, they're going to try to get more time against you.
Ways To Prevent The Punishments Of A Second-Time DUI In Los Angeles
If you have something that falls into the realm of this Vehicle Code 23540, getting that second-time DUI within ten years, you have to get to an attorney immediately to see what the angles are.
One angle that I like to use has to do with not getting the conviction for the second-time DUI in Los Angeles following an arrest.
For example, if we can get you a conviction for a wet reckless instead of a full-fledged second-time DUI within that ten-year period, then that wet reckless would be prior-able as a prior DUI, but it would not trigger that second-time DUI penalty that comes along with that.
Another issue with a second-time DUI in Los Angeles is that there is a mandatory minimum set up by the legislature for jail time.
There is a ninety-six-hour mandatory minimum where you have to do ninety-six hours in jail if you get a second-time DUI in Los Angeles. That's just the minimum.
They can get you for up to a year on a new offense for a DUI in LA, and if you're on probation for the first DUI and you pick up the second, they can violate your probation and give you an additional six months in jail.
So for those people who have talked to your friends who are saying, these DUI's are no big deal, they're going to be sadly mistaken when they go into court and they realize because of political reasons and policy reasons, the prosecutors, the judges.
These guys are scared to death to give anybody a break when it comes to a second-time DUI in Los Angeles and they're going to be looking to hammer the person.
So, if that person in the future gets another DUI, kills somebody or does something crazy driving a vehicle, nobody can look back at them and say listen, you had the person.
You had him for the second-time DUI in LA pursuant to Vehicle Code 23540, what did you do about it? Did you give them nothing?
Because now look what they've done. They've killed somebody. They've maimed somebody. They've caused great bodily injury to somebody.
So, the bottom line is there are so many ramifications that come along with a second-time DUI there's too many to list in this article that I've put together.
What you are going to have to do is if you have one of these second-time DUI's, get in front of an attorney who is local to the court where your case is pending. If it's in Los Angeles County I can help you.
Tell me the courthouse. Tell me the circumstances. We go over everything and then we can make the decision on exactly how we're going to deal with that second-time DUI, what precautions we can take and what strategies we can employ immediately to get you out of the criminal justice system as fast as possible.