Los Angeles > DUI > Second Offense

Los Angeles Second DUI Offense Lawyer

Driving under the influence (DUI) convictions beyond a first-time offense carry significant penalties, including community service, fines, and possible jail time. If you are currently pending a second DUI charge, you need to speak with an experienced attorney right away about your rights and options.

The knowledgeable Los Angeles second DUI offense lawyers at Rodriguez Law Group can meet with you right away to discuss your pending criminal charge and options for proceeding forward with your case.

For a free case evaluation and legal consultation with an experienced second DUI offense attorney in Los Angeles, please call us at (213) 995-6767 or contact us online to learn more.

Get A Free Consultation

Why Select Us for Your Legal Needs?

If you are currently pending a second or subsequent DUI charge in Los Angeles, you want a legal team on your side that will fight for your rights and pursue the best possible result for your case. In that regard, you should look no further than Rodriguez Law Group.

Our skilled lawyers understand the potential penalties upon conviction for a subsequent DUI offense and will carefully examine the circumstances surrounding your charge and arrest. In response to your charge, we can raise a strong legal defense in court – or negotiate a fair plea deal with the state prosecutor handling your case.

Our team has a strong track record of securing favorable results for our clients and is honored to have a 10.0 rating on Avvo. To review some of our most recent client reviews, please click here.

Our Downtown Los Angeles Office is conveniently located at 626 Wilshire Boulevard, Suite 460, Los Angeles, CA 90017. Let us help you obtain the best possible result in your second DUI case.

Potential Penalties for a Second DUI Conviction in Los Angeles

A second DUI conviction in Los Angeles can lead to severe penalties that may affect every aspect of your life. Upon conviction, you may face harsh consequences including fines, license suspension, mandatory alcohol education programs, probation, and even jail time.

Fines for a second DUI offense can range from $390 to $1,000, but with additional penalties and assessments, the total amount can exceed $3,000. This financial burden can strain your resources and disrupt your financial stability.

One of the most significant penalties after a second DUI is the suspension of your driver’s license. For a second DUI offense, your license may be suspended for up to two years. This suspension can greatly inconvenience your daily life, making commuting to work, attending school, or fulfilling other responsibilities difficult.

In addition to fines and license suspension, you may be required to attend a mandatory alcohol education program. These programs aim to educate individuals about the dangers of driving under the influence and provide resources for overcoming alcohol dependency. The length and intensity of these programs can vary depending on your case circumstances.

Probation is another common penalty for a second DUI conviction. During probation, you must comply with the court’s specific conditions, such as abstaining from alcohol, attending regular check-ins with a probation officer, and completing community service hours. Violating probation can result in further penalties, including jail time.

Speaking of jail time, it’s a real possibility for a second DUI offense. While California law does not mandate a minimum jail sentence for a second DUI conviction, judges have the discretion to impose jail time of up to one year. The actual length of the sentence depends upon factors like your blood alcohol concentration (BAC) at the time of arrest, any prior criminal history, and whether there were aggravating circumstances such as property damage or injury.

Potential Collateral Consequences of a Second DUI Conviction in Los Angeles

Beyond the immediate legal penalties, a second DUI conviction in Los Angeles can bring about collateral consequences that extend into various aspects of your life. These consequences may have a lasting effect on your personal, professional, and financial well-being.

One significant collateral consequence is the effect on your employment. A DUI conviction can result in job loss, especially if your job involves driving or if your employer has a strict policy regarding criminal convictions. Even if your job doesn’t require driving, a DUI on your record may affect your reputation and credibility, making it challenging to advance in your career or secure new opportunities.

Another collateral consequence is the potential effect on professional licenses. Many professions, such as law, medicine, and education, require individuals to hold professional licenses. A DUI conviction can trigger disciplinary actions against these licenses, including suspension or revocation. Losing your professional license can hinder your ability to work in your chosen field and damage your reputation within the industry.

Additionally, a second DUI conviction can strain personal relationships and social standing. Friends, family members, and acquaintances may view you differently or distance themselves from you due to the stigma associated with drunk driving. The social consequences of a DUI conviction can also lead to feelings of isolation and alienation, exacerbating the already stressful situation.

Financially, the collateral consequences of a second DUI conviction can be significant. In addition to fines and legal fees, you may face increased insurance premiums or difficulty obtaining coverage altogether. Furthermore, if your driver’s license is suspended, you may incur additional expenses related to alternative transportation arrangements, such as rideshare services or public transit.

An experienced Los Angeles second DUI offense lawyer can work to lessen – or eliminate – the penalties and collateral consequences associated with a conviction.

What Does the Prosecutor Need to Prove to Secure a Conviction after a Second DUI in Los Angeles?

To secure a conviction after a second DUI in Los Angeles, the state prosecutor must prove several key elements beyond a reasonable doubt. These elements include proving that you were operating a motor vehicle while under the influence of alcohol or drugs and that you were driving with a blood alcohol concentration (BAC) of 0.08 percent or higher.

• First, the prosecutor must demonstrate that you were operating a motor vehicle. This can be established through various forms of evidence, such as witness testimony, police observations, or video footage from dash cams or surveillance cameras.

• Secondly, the prosecutor must prove that you were under the influence of alcohol or drugs while operating the vehicle in question. This can be established through evidence like the arresting officer’s observations of your behavior, performance on field sobriety tests, and results of chemical tests, such as a breathalyzer or blood tests, indicating the presence of alcohol or drugs in your system.

• Additionally, for a second DUI conviction, the prosecutor needs to establish that you have a prior DUI conviction on your record. This can be proven through court records, DMV records, or other official documents.

• Furthermore, the prosecutor must demonstrate that your BAC was at or above the legal limit while driving. This can be established through the results of chemical tests conducted after your arrest. It’s important to note that in California, there is a “per se” law, which means that if your BAC is at or above the legal limit, you can be convicted of DUI regardless of whether or not you were actually impaired.

In some cases, prosecutors may also rely on other evidence to strengthen their case, such as witness statements, video recordings, or expert testimony.

Possible Legal Defenses to a Second DUI in Los Angeles

Facing a second DUI charge in Los Angeles can be daunting, but there are several potential legal defenses that can be explored to challenge the prosecution’s case.

• One common defense is to challenge the validity of the traffic stop. Law enforcement officers must have a valid reason, such as probable cause or reasonable suspicion, to pull you over. If the stop was conducted without proper justification, any evidence obtained as a result of the stop – including observations of impairment or chemical test results – may be deemed inadmissible in court.

• Another defense strategy is to contest the accuracy or reliability of the chemical tests used to measure your blood alcohol concentration (BAC). Chemical tests, such as breathalyzer or blood tests, must be administered correctly and in accordance with established protocols. Errors in the administration or interpretation of these tests can lead to inaccurate results, which may undermine the prosecution’s case.

• Additionally, it may be possible to challenge the arresting officer’s credibility or the reliability of their observations. Factors such as poor lighting, adverse weather conditions, or the presence of other substances that mimic signs of impairment can all contribute to mistaken observations of intoxication.

• Furthermore, it’s essential to consider whether your constitutional rights were violated at any point during the arrest or investigation. For example, if law enforcement officers failed to read you your Miranda rights or conducted an illegal search or seizure, any evidence obtained as a result of these violations may be suppressed in court.

• In some cases, individuals can argue that they were not actually driving under the influence at the time of the arrest. For example, if you consumed alcohol after you had finished driving and before law enforcement arrived, your BAC may have been below the legal limit while you were actually operating the vehicle.

• Finally, mitigating circumstances, such as a medical condition or emergency situation, may also be raised as defenses in certain cases. These defenses seek to establish that your actions were justified – or that you were not fully responsible for your behavior at the time of the alleged offense.

Plea Deals in Second DUI Cases in Los Angeles

In a second DUI case in Los Angeles, there is a possibility of negotiating a plea deal with the prosecution. A plea deal, also known as a plea bargain, involves the accused individual (the defendant) agreeing to plead guilty or no contest to a lesser charge or reduced sentence, in exchange for a more favorable outcome.

Either the prosecution or the defense may seek a plea deal to avoid the time and expense of a trial and to achieve a resolution that is acceptable to both parties. In a second DUI case, the prosecution may offer a plea deal that reduces the charges to a lesser offense, such as reckless driving or agrees to recommend a lighter sentence in exchange for the defendant’s cooperation and admission of guilt.

The terms of a plea deal can vary depending on the specific circumstances of the case and the negotiation between the parties involved. Factors such as the defendant’s prior criminal history, the strength of the evidence against them, and any mitigating circumstances may influence the prosecution’s willingness to offer a plea deal.

Accepting a plea deal can have both advantages and disadvantages for the defendant. On the one hand, it may result in a lighter sentence or avoid the stigma of a DUI conviction on their record. On the other hand, pleading guilty or no contest means waiving the right to a trial and admitting responsibility for the offense, which can have long-term consequences.

The experienced Los Angeles second DUI offense attorneys at Rodriguez Law Group can negotiate with prosecutors for a plea deal on your behalf. We can also help you decide whether you should accept a particular plea deal, given your circumstances.

Steps to Take after Incurring a Second DUI Arrest in Los Angeles

After incurring a second DUI arrest in Los Angeles, it’s crucial to take immediate steps to protect your rights and mitigate the potential consequences.

First, you should seek legal representation from an experienced DUI defense attorney. The skilled legal team at Rodriguez Law Group can provide guidance throughout the legal process, explain your rights, and navigate the complexities of the criminal justice system in California.

Next, you should take steps to address any immediate legal obligations. This may include appearing at scheduled court dates, complying with any conditions of release, and refraining from driving if your license has been suspended or revoked.

It’s also important to educate yourself about the potential penalties and consequences you may face. Understanding the potential ramifications of a second DUI conviction can help you make informed decisions about your defense strategy and any plea deals that may be offered.

You may also consider attending alcohol education or treatment programs voluntarily. Taking proactive steps to address any underlying issues related to alcohol use can demonstrate to the court that you are taking your situation seriously, and it may result in more favorable treatment.

Finally, you can gather evidence and information related to your case. This may include collecting receipts or witness statements that establish a timeline of events, documenting any mitigating circumstances, and organizing documentation related to your arrest and any chemical tests administered.

By taking these steps and working closely with your attorney, you can increase your chances of achieving a favorable outcome and moving forward from your second DUI arrest with minimal long-term consequences.

Speak with an Experienced Los Angeles Second DUI Offense Lawyer Today

If you are pending a second DUI charge in Los Angeles, the experienced legal team at Rodriguez Law Group is ready to help. For a free case evaluation and legal consultation with a knowledgeable Los Angeles criminal defense lawyers, please call us at (213) 995-6767 or contact us online.