Driver's License Suspension
Many people who get a second-time DUI in Los Angeles don't realize how serious the case is because the first DUI they got was nowhere near as severe as what can happen with a second-time DUI in Los Angeles.
First off, the biggest problem is your license. The DMV will take you right 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 most significant issues that people face because Los Angeles, California, as everyone knows, it's a commuter location.
You have to have access to a vehicle to run your career, take care of your family, and do several different things. You have to get around in the world, so that year suspension is probably one of the most significant issues.
There are ways to get the suspension to be lower by installing an ignition interlock device – an SR22 – which is proof that you have insurance, but again, these second-time DUIs are a killer as far as your license goes.
In addition to your license being suspended for a much more extended period than with a 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.
But the bottom line is if you don't do the eighteen-month alcohol program, you can never get your license back in California.
That's what the killer is with these second-time DUIs in Los Angeles. You have to do the eighteen-month alcohol program to get that license back.
I have people who come from other states who got DUIs. For example, their second-time DUI 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 DUIs, 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 will throw the book at you.
They're going to say there's a mandatory minimum of ten days in jail. They will try to get more time against you if you're on probation.
Ways To Prevent The Punishments Of A Second-Time DUI
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 is not getting a conviction for a 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 those ten years, then that wet reckless would be prior-able as a prior DUI. Still, 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 the legislature sets up a mandatory minimum 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 pick up the second, they can violate your probation and give you an additional six months in jail.
So those who have talked to your friends who say these DUIs are no big deal will be sadly mistaken when they go into court. They realize that the prosecutors, the judges, because of political and policy reasons.
These guys are scared 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 under Vehicle Code 23540; what did you do about it? Did you give them anything?
Because now look what they've done. They've killed somebody. They've maimed somebody. They've caused significant bodily injury to somebody.
So, the bottom line is that there are so many ramifications that come with a second-time DUI there are 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 DUIs, 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 decide on 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.