Receiving a second DUI offense is not uncommon, particularly if it occurs within ten years of your first California DUI conviction. It's important to note that a 2nd offense DUI will always attract a harsher penalty compared to a 1st offense DUI. Unfortunately, some individuals find themselves facing a second DUI charge without intentionally breaking the law, but the judge could consider it as evidence of an alcohol addiction.

To effectively combat the potentially severe penalties you could face in such a situation, it is crucial to have a strong defense. At the California Criminal Lawyer Group in Fresno, we are dedicated to helping you understand every aspect of your second DUI offense. Furthermore, we will make every effort to have the charges reduced or even dismissed entirely. Contact us to discuss the details of your case.

Understanding 2nd Offense DUI Under California Law

You can be found guilty of driving while under the influence of alcohol or drugs in two major situations:

  • When your blood alcohol content (BAC) reaches or exceeds 0. 08%, it indicates the amount of alcohol present in your system at the time of your arrest.
  • When you are impaired by alcohol, drugs, or a combination of both, it implies that, regardless of the results of your blood alcohol concentration (BAC) test, you are completely incapable of driving a car.

If you have been convicted of a similar crime within the last ten years, your DUI will be considered a second offense. Driving while intoxicated is increasingly being treated as a serious crime with stringent penalties. If you’ve recently been arrested for driving under the influence, you could face severe consequences, including an extended jail sentence.

It is crucial to note that DUI does not have any exceptions. When discussing drug influence, it encompasses any type of drug that can impair a motorist's competence, including both prescription pharmaceuticals and over-the-counter medications.

This means that if a person is found to have any kind of drug in their system, they could face charges for driving under the influence (DUI). Numerous medications can hinder a driver's ability to operate a vehicle safely and lead to hazardous consequences.

Among them are:

  • Cold and allergy medications.
  • Pain relievers.
  • Anti-anxiety drugs.
  • Antidepressants.

It is not advisable to take any medication just before a ride, as it could cause serious side effects such as sleepiness or dizziness. The penalties imposed by the courts for DUIs can vary. The primary factor to consider when calculating the potential punishment is whether a DUI conviction is a felony or a misdemeanor on the second offense.

A DUI that results in no injuries is considered a minor violation under California Vehicle Code Section 23152. However, according to PEN 23153, a crime occurs when someone other than the driver is in danger of death or serious injury. If a person is convicted of a misdemeanor DUI offense for the first time, they could face a minimum of six months in jail. However, if there are additional DUI convictions, this sentence could increase to a year. In such situations, the fine could reach up to $1,000.

The penalties for subsequent DUI crimes are more severe than those for prior offenses. Therefore, if you are convicted for a second time within 10 years of your previous conviction, you could be subject to mandatory jail time. The court could perceive you as a reckless motorist on your second or third offense, even if it was lenient the first time.

The Court Case Proceedings For a 2nd Offense DUI

The consequences for a first-time DUI conviction and a second-time DUI conviction are essentially the same. Many of the events that took place during the initial DUI case will also occur in the subsequent case. This means that you should be prepared to surrender your driver's license and obtain a temporary one that will expire in ten days.

Additionally, you will need to schedule an administrative hearing with the Department of Motor Vehicles (DMV). It's important to note that weekends are included in the ten days, so if you want to avoid an automatic one-year license suspension, it is crucial to take swift action.

In this situation, it is essential to hire a lawyer as soon as possible. Requesting a hearing and hiring a lawyer should be done promptly. Your lawyer will listen to your justifications for your actions during the hearing, which will assist them in building a strong defense on your behalf. Additionally, if your license is suspended for a year, having an attorney by your side will be highly beneficial. Having legal representation will simplify the process of regaining your license if your case is dropped.

What The Court Considers in a 2nd Offense DUI Case

Anyone convicted of a California DUI is already subject to mandatory DUI penalties. State legislation stipulates that punishments must be kept to a minimum, but the judge has the authority to impose more severe penalties based on the gravity of the offense.

Ultimately, the court has the final say in deciding whether to impose jail time or probation for a first misdemeanor DUI violation. However, DUI regulations have expanded in scope in recent times, with the primary goal of discouraging the offense.

If you are found guilty of a misdemeanor or felony DUI crime, you could be subject to the following penalties:

  • You might spend some time behind bars.
  • Probation.
  • You might need to install an ignition interlock device in your vehicle.
  • Your car could potentially be seized or forfeited.
  • Your driver’s license could be revoked, suspended, or restricted.
  • Enroll in DUI rehabilitation classes.
  • Restitution or paying hefty court fines.

DUI penalties for a second offense will primarily depend on the offender's previous convictions. The judge will consider prior, comparable instances and any criminal history involving DUIs or related offenses when deciding on the type of sentencing for your second offense.

If you are found guilty of a comparable conviction within 10 years, you will inevitably lose your driving rights for some time, potentially up to 2 years. This is in addition to the maximum six-month driving ban that you would receive for your first DUI conviction. Furthermore, if your blood alcohol concentration (BAC) is discovered to be 0.08% or higher, you will face a similar punishment.

A second DUI offense can have even more negative impacts on your life, in addition to causing the loss of your driving rights and potentially leading to jail time. It can make it challenging for you to carry out your daily activities, especially if your driver's license is suspended for an extended period. This could result in difficulties running errands, getting to work, or returning home on time. It could also affect the ability of a family member to meet their needs adequately.

The Plea Deal

During the criminal court proceedings, the prosecution could offer you a plea deal as a means to determine the most suitable verdict for your crime. This deal typically involves the opportunity to plead guilty to a lesser charge in exchange for a reduced sentence. While this could seem tempting, it is crucial to approach it with caution as it could potentially be a trap. That's why it is recommended to seek guidance from an experienced lawyer who can provide valuable advice and protect your rights.

When consulting with an attorney, they are already aware of the evidence that has been used against you and its importance. Your attorney will advise you on whether to accept or reject the plea deal based on the quantity and quality of the evidence. It's important to note that plea deals could not always be the most suitable choice for an offender, but a knowledgeable attorney will be able to guide you in this matter.

Furthermore, if the prosecutor is confident in your conviction, they could not consider a plea deal at all. In that case, it is important to give your lawyer some time to consider the offer before deciding whether to approve or decline it. In the unlikely event that your lawyer believes the plea deal will be beneficial and you agree to it, you will be sentenced to begin serving your time as soon as the verdict is rendered. This will also signify that your case is concluded.

The prosecution will make every effort to convince the court that you are liable for the crime if you decline the plea deal and the case proceeds to trial. To do so, the prosecutor must demonstrate that you were the driver of the vehicle and that any drugs or alcohol you had impaired your abilities. This evidence can be used either against you or in your favor. Additionally, the prosecution must demonstrate that you are dependent on drugs or alcohol, or that your BAC test showed a level of intoxication of at least 0. 08%.

Furthermore, the prosecution team will present evidence of your prior DUI conviction, which took place less than ten years ago, to persuade the judge that you are not a first-time offender.

Penalties for a 2nd Offense DUI

If you’re a second-time DUI offender, you should expect more severe punishment. However, the specific sentence you receive will be determined by the presiding judge. In these situations, the judge typically determines the appropriate sentence based on the evidence presented in court and the defense strategy put forth by your attorney. Furthermore, the amount of fines you could face can vary depending on the expertise and approach of the lawyer you choose to work with.

Along with the potential for a two-year suspension from driving, some of the punishments you could face include the following:

  • Serving time behind bars that can range from ninety days to one year.
  • Hefty fines that could range from $390 to $1, 000.
  • A probation term of three to five years.
  • SCRAM monitoring for a duration of thirty days to a year, with occasional delays of up to a year.
  • Enrolling in a full 18-month DUI rehabilitation program.

SCRAM

As part of the court's order, you will be required to wear a Secure Continuous Remote Ankle Monitoring (SCRAM) bracelet around your ankle at all times. This bracelet will automatically assess the level of alcohol in your system every 30 minutes and display the results. The information is then sent to the regional monitoring system, and if alcohol is detected, the court would be notified.

SCRAM is utilized for weighty perpetrators and individuals deemed to be alcohol addicts. For a second DUI charge, California courts are likely to impose specific requirements, including probationary periods. These include:

  • Participating in a victim advocacy campaign such as "Mothers Against Drunk Driving".
  • If you have previously been convicted of DUI, it is not appropriate for you to decline a breathalyzer, blood test, or urine test.
  • By refraining from committing any additional offenses.
  • You ought to participate in Alcoholics Anonymous and Narcotics Anonymous.
  • Pay compensation if you were operating a vehicle under the influence and caused an accident.
  • Avoid driving after consuming alcohol.
  • Installing IID in your vehicle.

Immigration Consequences for 2nd DUI Offense Defendants

A conviction for DUI can have serious consequences for an individual's immigration status. While a first DUI could not always impact immigration, it is important to note that if there are aggravating circumstances, a second DUI can have an impact. In cases where a foreign national is found guilty of a second DUI violation while under the influence of a controlled substance, deportation could be a possibility.

Aggravating Factors in a Second DUI Offense

These elements are likely to worsen your penalties and punishments. The fact that this is your second DUI conviction, the circumstances surrounding the case, as well as your prior convictions, could also have an impact on your sentence for any aggravating circumstances listed below.

  • If you are under the legal drinking age of 21 and are guilty of driving under the influence.
  • If you refuse to participate in a chemical test.
  • If you were driving under the influence and caused an accident.
  • If the BAC level in your blood is more than 0. 15%.
  • If you were overspeeding.
  • If you were involved in a DUI hit-and-run incident.
  • If you were driving a passenger who was younger than fourteen, it would be considered a crime under PC 273a for endangering children.
  • If you drove while your driver's license was suspended.

What to Expect During Probation If You're Involved With a Second Offense DUI

It is important to note that a DUI charge could not always be classified as a felony, but it can still result in severe penalties from both the court and the DMV. However, if you cause harm to someone while driving under the influence or if this is your second DUI arrest, it will be classified as a felony. If you are found guilty of a second DUI while on probation, the following are the possible outcomes for you:

  • You could be required to pay a fine for violating probationary rules.
  • You are no longer able to obtain a restricted driver's license.
  • Your blood alcohol content has dropped from .08% to .01%.

By agreeing to the conditions of probation, you acknowledge that driving under the influence of alcohol is strictly prohibited. If you violate these terms, the court could make a ruling that you have an alcohol-drinking problem. However, by voluntarily attending AA meetings, you can demonstrate your commitment to overcoming this issue and potentially avoid jail time or other penalties associated with a DUI.

Legal Defenses for 2nd Offense DUI

DUI cases are rarely simple to resolve. Instead, the strength of your defense and the available evidence are what determine the verdict. An expert DUI lawyer will review the material to determine if there is a strong case that can be presented in court.

The lawyer might raise the following potential defenses:

Lack of a Valid Reason To Be Concerned

Before making a decision, the court would want to ascertain whether the police had a valid reason to stop you. If the officer's suspicions were not strong enough to justify the stop, there wouldn't be a case against you.

According to the US Constitution, stopping a driver without a valid reason is considered a serious infraction, and the officer could be held legally responsible. This legal argument can be applied in a situation where you were pulled over solely because you were driving at night, even though you were operating your vehicle safely.

Furthermore, if the police officers discover evidence that you were operating a vehicle while impaired, that evidence will not be admissible in court due to the officer's illegal justification for stopping you.

Lack of a Solid Reason For Administering BAC

A police officer must have a valid reason to test a driver's blood alcohol content. They do not have the authority to administer a BAC test without proper cause, and any evidence obtained in this manner could not be admissible in court. For example, if the officer stopped you for a reason unrelated to DUI, they would need substantial evidence to suspect that you were operating a vehicle while intoxicated before proceeding with a BAC test.

False or Inaccurate Positive Results

If the testing device was not properly maintained or operated, the evidence acquired could not be considered acceptable during the legal proceedings, even if the results were positive. It is highly beneficial to have an expert lawyer who can help identify any potential mistakes made during the evidence-collection process. This will greatly support your case.

The DUI Checkpoint Does Not Comply With The Law

To ensure the admissibility of any evidence obtained at California DUI checkpoints, both the checkpoints themselves and the officers operating them are subject to a set of rules. If these rules are violated or if your lawyer discovers that the DUI checkpoint was not legally operational, he or she has the authority to request that the case be dropped before it goes to trial.

Miranda Warning Not Issued

If you were not informed of your Miranda rights before being questioned as an offender, your defense lawyer could attempt to create challenges for the court system. It is important to note that, according to the law, any statements made before being given Miranda rights are not admissible in court.

Impaired Driving Doesn't Always Indicate DUI

Not every instance of reckless driving is necessarily related to drug or alcohol intoxication. When the police pulled you over, you had to request their testimony regarding your driving.

According to the NHTSA, the majority of people who drive recklessly are not necessarily intoxicated. Instead, many are distracted by other things like texting or making phone calls while operating a motor vehicle. If you collaborate with a knowledgeable lawyer, this argument could be an effective legal strategy for your case.

You Were Not Permitted To Speak With An Attorney While the Investigation Was Underway

You are entitled to speak with a counsel after being detained, primarily because severe penalties are associated with these crimes. It is crucial to have a potential defense to reduce your charges or have your case dropped. It is important to note that evidence gathered after breaking this legislation will not be admitted into court as evidence.

DUI Symptoms Differ from Symptoms of Intoxication

Law enforcement officers will likely attest to the fact that your symptoms resemble those of a DUI. Signs such as the smell of alcohol, slurred speech, red eyes, and an unsteady walk are commonly associated with intoxication.

However, a strong defense lawyer will refute the accusation by presenting the following information:

  • Red eyes, slurred speech, an unsteady walk, or the smell of alcohol can all be symptoms of allergies, fatigue, colds, or irritated eyes.
  • If you had an alcohol odor, it does not necessarily mean that you were driving while under the influence of alcohol.

Find a Fresno DUI Lawyer Near Me

A California DUI conviction carries significant consequences, and individuals found guilty could face severe sentences. If you commit a second offense DUI, you will face even harsher punishments. Therefore, you should seek the right assistance and defense to mitigate your sentences. The good news is that there are several defenses available that can strengthen your case. If you're in Fresno, CA, you can contact the California Criminal Lawyer Group at 559-712-8377 and let us handle your defense.