If this is not your first time being arrested for DUI you already know what you are up against. You know that California Criminal Courts are hard on DUI offenders and you are probably frightened of what might happen this time around.
That fear is completely understandable. When you are facing charges such as these you need someone in your corner to keep you informed and fight for your fair treatment. We have successfully defended many DUI cases and have probably seen one just like yours.
Are 2nd Offense DUI Charges Tougher to Beat Than a 1st Offense?
Not necessarily, no. If you’ve been through the DUI legal process before, you may already know some of the pitfalls of providing evidence to the police that can hurt you later. So it all depends on the fact of the case.
But, of course, the stakes are definitely higher.
We will defend you as we have so many others, putting our years of experience and knowledge behind you to ensure you get the most positive outcome possible. Call to discuss your case today. Take a step in the right direction by getting experience and professionalism on your side.
Second Offense CA BAC
The legal limit in California for Blood Alcohol Content (BAC) is .08%, it makes no difference if you have a prior offense or conviction. If you are found in operation of a vehicle with more than .08% BAC, you can be arrested and charged with DUI.
California DUI Penalties & Potential Sentences
2nd Offense CA DUI Penalties
- Mandatory jail time of 96 hours
- 18 months DUI school
- 2 years driver’s license suspension
- Fines, fees, and costs
- 3-5 years court probation
3rd Offense DUI Penalties
- Mandatory jail time of 120 days
- 18 months DUI school
- 3 years driver’s license suspension
- Fines, fees, and costs
- 3-5 years court probation or traditional supervised probation
These sentences represent a base line. The judge can adjust upwards for any “enhancements” such as speeding, DUI with a child present, driving on a suspended license, or getting involved in an accident.
4th Offense DUI Penalties
If you are caught driving under the influence for a fourth time, you may be charged with a felony and face up to 3 years in state prison and a permanent loss of driving privileges.
All DUI convictions in California are subject to an ignition interlocking device requirement. This is a device, installed on your vehicle when your license is reinstated. It makes you take a breath test, to ensure sobriety, before starting your car.
In California, what kind of sentence you will face also depends on the county of prosecution. For instance, many counties require a minimum 210 days in jail for a 2nd offense DUI even though the baseline is 120 days. Call today to discuss your case and the nuances within the county where you are facing prosecution.
A qualified attorney can make many potential differences in your DUI case and the sentence you may be facing. We can help convince the judge that you should:
- Carry out your mandatory jail time while on work release or house arrest
- Be able to work off your fines and costs through community service
- Serve any probation as “court” probation, not the traditional supervised probation
- Drive on a restricted license to be able to get to and from work, rather than a suspended license.
A good attorney can make the world of difference when you are facing DUI charges like these. Because so much of the sentence depends on what the judge sees fit, we will do our best to convince the judge that you are worthy of another chance.
Call us to discuss your California DUI case today. Find out exactly what we can do to help, as part of a free initial legal consultation.