Los Angeles Second Offense DUI Lawyer
Have you been arrested for a second DUI in Los Angeles, CA? You are not alone. More than 30,000 people in Los Angeles are arrested for misdemeanor DUI each year, and about 27% of DUI arrests involve repeat DUI offenders.
We invite you to contact our Los Angeles second time DUI defense lawyers at the Rodriguez Law Group to discuss your legal rights and options confidentially.
You do not have to, and should not face your charges alone. Your first consultation is free.
- 1 How Our Los Angeles Criminal Defense Lawyers Can Help If You’re Arrested For a Second DUI
- 2 What Counts as a Second Offense DUI in California?
- 3 Criminal Penalties for Second Offense DUI in California
- 4 DMV Penalties For a Second DUI In California
- 5 How A Second Offense DUI Can Impact Your Life
- 6 Potential Defenses for a Second Offense DUI
- 7 Get a Free Consultation with a California Second Offense DUI Defense Lawyer
How Our Los Angeles Criminal Defense Lawyers Can Help If You’re Arrested For a Second DUI
When hiring a Los Angeles criminal defense lawyer to represent you against charges for a second DUI, an important consideration is the case and courtroom experience that the attorney has.
An inexperienced attorney will not be able to build a defense based on the weaknesses and strengths in the case, and may not know how to closely scrutinize law enforcement’s probable cause to stop, the accuracy of field sobriety tests, and the administration of blood testing.
Ambrosio E. Rodriguez is a former prosecutor with 20 years of criminal law experience in Southern California. Having handled drunk driving cases from both sides, he knows how often these cases are incorrectly handled by law enforcement, presenting the opportunity for people facing charges to have their charges reduced or dropped entirely. Don’t hesitate to call our Los Angeles criminal defense law firm for assistance today.
What Counts as a Second Offense DUI in California?
In California, a DUI is typically considered a “second offense” if you have any of the following prior DUI conviction within a 10-year “lookback” period from the date of your offense:
- VC 23103.5 (a “wet reckless“)
- VC 23152(a) VC (driving under the influence),
- VC 23152(b) VC (driving with excessive BAC)
- VC 23153 (DUI with injury including negligent and gross vehicular manslaughter)
- Out-of-state convictions for similar offenses
- Previously expunged convictions for any of the above offenses.
Your second DUI offense in California means more jail time, longer DUI probation, more fines, and a longer license suspension. An experienced Los Angeles DUI defense lawyer can help you avoid jail time and get the best possible result for your case.
From representing so many DUI clients over the years, we understand that a few days or even months in jail is much less of a concern than the long-term effects of a conviction on your future.
Unless expunged or sealed, a DUI conviction in California will show up on a criminal background check. Employers and professional organizations are lawfully allowed to make hiring decisions and licensing decisions based on your criminal record.
Even if an organization does not run a criminal background check, you may be asked to disclose your criminal history on an application.
Criminal Penalties for Second Offense DUI in California
Like a first-offense DUI, a second-offense DUI in California with no injury is a misdemeanor offense. Actual time in jail for a second offense DUI conviction can be 96 hours to one year and may be substituted for house arrest or work service.
Prosecutors in Los Angeles County typically seek 90 days of jail time for a second offense DUI. If 96 hours in jail is mandated, this may be served on two consecutive weekends so as not to interfere with employment.
If convicted, you will also have to pay fines, typically ranging from $390 to $1,000 (plus penalty assessments), along with other penalties:
- 3 to 5 years of summary probation (information probation, you do not report to a probation officer).
- 2nd Offender DUI school (either 18 months or 30 months in length)
- Participation in a Mothers Against Drunk Driving (MADD) Victim Impact Panel
- 2-year license suspension triggered from a second DUI conviction under California VC 23152 (a) or (b).
If you were arrested after January 1st, 2019, under SB 1046, you will be able to get a restricted license to drive after you install an ignition interlock device. If your conviction includes probation, after you successfully complete probation, you should be able to file a petition with the court to have your conviction expunged.
If any of the following apply, you may face additional charges:
- Being a minor under 21 at the time of your DUI arrest
- Causing an accident prior to your arrest (If your DUI involved an injury to anyone else, the crime is a “wobbler,” which may be charged as a misdemeanor or felony DUI)
- Speeding prior to your arrest
- Having a blood alcohol content (BAC) of 0.15% or higher
- Having children under the age of 14 in the motor vehicle (child endangerment)
- Refusing to submit to a chemical test.
Of course, the best possible outcome is having charges dropped and not having to deal with going to trial or negotiating a plea. Having an experienced criminal attorney who understands the defenses and alternative penalties available can limit the consequences of your case as a second DUI offense.
DMV Penalties For a Second DUI In California
Following a DUI arrest, the law enforcement officer will take your driver’s license, and you will be issued a pink temporary license (DS-367). This license is good for 30 days and permits you to retain your driving privileges temporarily.
However, from the date of your arrest, you will only have ten days to request a DMV “Administrative Per Se” hearing or APS hearing. If you do not request a hearing, the DMV will automatically proceed with the suspension of your driver’s license.
Even if you do not “win” your DMV hearing, as long as you submitted to a chemical test at the time of your arrest, after 90 days, you may obtain a restricted license, which will allow you to drive as long as an ignition interlock device is installed. Drivers who refused to submit to a chemical test face a 2-year license revocation and are not eligible for a restricted license with an ignition interlock device.
How A Second Offense DUI Can Impact Your Life
People from all walks of life, and all driving ages, get arrested for driving under the influence. Each DUI case is different with unique facts, circumstances, and evidence, which is why aggressive legal representation is critical following a DUI arrest.
DUIs can impact your life in a number of ways:
- A DUI conviction can impact family relationships and may affect custody decisions in divorces.
- A DUI conviction may be mandatory disclosure for employment applications, school enrollment, and professional licenses.
- People living in the U.S. on visas or green cards may face deportation if convicted of a DUI.
- DUI convictions can be a career-ender for airline pilots and train engineers.
A second offense comes with harsher penalties and increased stigmas than a first offense. An experienced DUI defense lawyer can help you protect your rights and your criminal record. If getting DUI charges reduced to reckless driving, or getting charges dropped altogether is not an option, in some cases, creative DUI sentences may be available, such as:
- Live-in rehab programs as a substitute for time in jail
- 12 Step Recovery programs such as Alcoholics Anonymous (AA)
- Transdermal ankle devices (“SCRAM”) that detect the presence of alcohol
- Time in the county jail during the day and go home at night.
Alternative DUI sentences can help people maintain their employment or participate in an alcohol or substance abuse recovery program. LA County has aggressively reduced the number of individuals in custody following the COVID-19 pandemic. Along with traditional considerations for determining jail time, the pandemic is an additional factor the court will consider. Even if jail time is not on the table, for many people, getting their license suspended is one of the worst consequences of a DUI conviction.
Potential Defenses for a Second Offense DUI
At the Rodriguez Law Group, we have extensive knowledge of the legal system in Los Angeles. We understand how criminal cases are investigated, how prosecutors win cases, and how they lose cases. We are familiar with all possible defense strategies to fight your second DUI charge, including, but not limited to:
- Unlawful traffic stop
- Failing to follow standard field sobriety test protocol
- Unexpected side effects of sleep or anti-anxiety medications
- Necessity (to prevent a greater evil)
- Improper collection and storage of blood alcohol samples
- Medical conditions
- You were sleeping in a parked vehicle
- Improper interrogation or Miranda violations
- Violations of the rules of evidence or procedure.
All of our attorneys have an expert-level understanding of DUI defenses and criminal law. We will listen to all the facts of your case and help you come up with the best defense to reduce the impact of your criminal case on your life.
Get a Free Consultation with a California Second Offense DUI Defense Lawyer
If you or someone close to you is dealing with a second DUI arrest, contact the Rodriguez Law Group to speak with an experienced DUI defense lawyer. We understand everything that is at stake with a second DUI conviction.
Our approach to your case will include analyzing and addressing every part of the prosecution’s charges and allegations against you. If a plea bargain is best for you, our team will fight to negotiate the best possible outcome. We will work with you to understand your goals and keep your case from interfering with your life to the maximum extent.
If we represent you in your second offense DUI defense case, we will attack every part of the prosecution’s case against you. We have vast experience handling DUI cases and will fight to get you the best possible outcome. Call the second offense DUI lawyers at The Rodriguez Law Group today for a free case evaluation
Last Updated on December 18, 2020