Second-Time DUI Attorney in Los Angeles
Once you get a second DUI, the courts start to look at you differently, and really, what you're talking about, they're looking at you from a dangerousness level, thinking that you are now proven already to have been convicted once. Now you have a new DUI, and then they start to think, what can we do to this person to make them stop drinking and driving?
The courts, especially in Los Angeles County, are inclined towards more severe penalties for a second-time DUI, often including jail time.
That's probably the worst thing they can do to somebody. Another thing they look at is taking away the person's ability to drink. So, during the probationary period, they'll add a condition that you cannot drink alcohol at all while you're on probation. So, you're looking at a much harsher penalty on a second-time DUI.
There's a minimum of four days in jail, up to a year in prison for a second time, versus that six months you were looking at on your first time DUI.
Also, if you're on probation for a second DUI, you're looking at getting punished for violating your probation for not obeying the law and picking up a new DUI.
So, under that circumstance, when you get a second-time DUI while you're on probation for the first-time DUI, you're looking at a year and a half in the county jail if you get convicted and are sentenced to the maximum possible sentence.
Second-Offender Alcohol Program
Another thing you need to consider is that you're looking at a second-offender alcohol program, an eighteen-month alcohol program. That's a lot longer than the first-time DUI, where you typically are just getting a three-month alcohol program.
Many people don't like doing that eighteen-month alcohol program, but you have to do it because if you don't do it, you're then looking at never being able to get your driver's license back.
The DMV is very serious when it comes to a second-time DUI, and they will only let you have your driver's license back if you complete that eighteen-month program. You can get it back after about six months on a limited basis for a second-time DUI.
This is a change from many years ago when you got it back at least a year ago, so that's one of the few mitigating things they implemented on a second-time DUI that rarely happens. The DUI laws seem to be getting stricter and stricter.
You'd also be looking at at least a $390.00 fine plus a penalty assessment. They could also up the fine to $500.00 plus a penalty assessment. It can go as high as $1,000.00 plus penalty assessment, which would be very harsh because it would be thousands of dollars to pay the fine.
Five-Year Probation Period
In addition to the fine and alcohol program, they often like to increase the probationary period to five years on a second offense instead of the usual three years.
So, you can see that on a second DUI, you're looking at a lot more punishment. You're looking at jail time and looking at a lot more restrictions put on you and your record and your ability to drive a motor vehicle.
Despite the strict DUI laws in California, there are potential defenses that can be used in your favor. For instance, if your blood alcohol level was not at or above .08, you could provide a strong defense for your case.
Also, to avoid all of the dire consequences that flow from a second-time DUI, you can get your case reduced to a wet reckless, which will prevent the mandatory punishments that come along with a second-time DUI.
That's one way to void that jail time; the more extended probation, the longer the alcohol program.
Another thing that you should realize is that anything that happens in the criminal case regarding your second-time DUI if you are convicted, it's going to be automatically sent to the DMV. Then, they will treat you as though you are a second offense.
Also, the reverse of that is accurate. Even if you can beat the second-time DUI or get it reduced in criminal court, you still may have some issues with the DMV because the DMV likely will say it doesn't care what happened in criminal court.
They're going to deal with your license regardless of that, and if they find that your blood alcohol was a .08 or greater, there was a lawful arrest in your case. They will attempt to take your driver's license away or impact your driver's support for the next eighteen months on a second DUI in Los Angeles.
Given the multitude of consequences associated with a second-time DUI, it's crucial to have an experienced attorney by your side. They can provide the necessary guidance and defense strategies to navigate this complex legal situation.
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