Sacramento Second-Offense DUI Lawyer

Being arrested for a second DUI offense can be disastrous. In the state of California, second offenses for driving under the influence are more severe and can be treated quite harshly by the law. This makes it all the more important to understand the potential risks of a second DUI as well as what your rights are if you’ve been arrested with a DUI charge. That’s why it’s prudent to work with a skilled Sacramento second-offense DUI lawyer. The attorneys at  Law Office of Conor Bell are ready to help you with your DUI case and protect your rights. A second DUI can have serious consequences, including increased fines and potential jail time. Understanding California DUI penalties can help you prepare for what to expect.

Penalties for Second-Offense DUIs in California

If you have received a second DUI offense, it’s important to understand all the possible outcomes of your case. An experienced DUI lawyer can help you navigate the legal process and work toward the best possible outcome. Penalties for DUI in California are classified as either administrative penalties or criminal penalties. Some potential penalties for second-time offenders include:

• Alcoholics Anonymous/Narcotics Anonymous requirements
• Fines and additional penalty assessments of up to $1,000
• Ignition interlock device (IID) installation
• License suspension or revocation
• Mandatory jail time
• Required substance abuse education program
• Potential probation

The severity of the penalties you receive will depend on the details of your case. A second DUI conviction may lead to harsher sentences than a first-time offense.

Aggravating Factors for a Second-Offense DUI in California

Penalties for a second DUI charge are more serious than those for a first-time offender. That being said, there are some circumstances that can make your charges even worse. Some aggravating factors for a second DUI offense include:

• Being a minor and operating a vehicle under the influence
• Causing an accident while driving under the influence
• Driving under the influence with a child
• Having a very high BAC at the time of your arrest
• Refusing field sobriety tests or chemical tests
• Speeding excessively

Certain factors, like refusing a breathalyzer test, can make your penalties worse. Understanding California’s DUI laws can help you make informed decisions about your case.

Second-Offense DUIs and Your Criminal Record

While a second DUI charge in California is a serious offense, it’s possible to have the conviction expunged from your record. To do this, you’ll have to file a petition with the court and complete an assigned amount of time on probation. Once a judge reviews your petition, they can decide to change your initial plea to not guilty and dismiss the case.

Expunging a DUI conviction can be complex, and not all cases qualify. Some DUI cases may be dismissed under specific legal circumstances.

Other Things to Know About DUI in California

All states have, per se, intoxication laws, which allow law enforcement to arrest you for DUI if your blood alcohol content (BAC) is at or above 0.08%. You can also be arrested if your BAC is between 0.05% and 0.07%, but it’s the arresting officer’s responsibility to prove you showed other signs of impairment.

California also has a zero-tolerance law for anyone under the age of 21 driving impaired, which means that a minor found with even 0.01% BAC can be arrested for DUI.

The state of California recognizes implied consent, so it is not wise to refuse law enforcement if they want you to complete field sobriety tests or chemical tests. Furthermore, refusing the tests can hurt your case in court down the road.

Why It’s Beneficial to Work With a Sacramento Second-Offense DUI Lawyer

Getting arrested for a second DUI can mean more severe penalties, bigger fines, and longer jail sentences. By working with a Sacramento second-offense DUI lawyer, you can rest assured that you are getting professional care from a team that has worked on many cases, much like yours.

A DUI attorney is equipped with knowledge and experience to get your charges dismissed when possible or to decrease your penalties when not. The sooner you reach out to an attorney, the more they can help.

FAQs

Is There Any Possible Way to Get Around Jail Time for Your Second DUI?

Yes, it is possible for you to avoid serving jail time after receiving your second DUI, even though a second conviction results in mandatory jail time. Instead, a California judge may substitute your sentence for house arrest or time in a rehabilitation center if they deem you would benefit from a multi-step program related to your issues.

How Do I Fight a Second DUI in California?

The state of California treats second DUI offenses seriously, but it is possible to fight your charges. It’s wise to find potential flaws in any police processes and procedures during your arrest to invalidate the legality of your charges. By working with an experienced Sacramento second-offense DUI lawyer, you can have a skilled professional on your side who knows how to identify ways to dispute the charges.

What Is the Most Common Sentence for a First DUI in California?

If you receive a DUI in California, and it is your first charge, you can expect to receive a six or 10-month license suspension as well as related legal fines and some form of informal probation. You also could be ordered to spend up to six months in jail for first-time misdemeanor DUI in California, depending on the circumstances of your case. Most first-time DUI offenders receive fines, probation, and license restrictions. The most common sentence depends on the severity of the case.

Can a First Time DUI Be Dismissed in California?

Yes, it is possible to get a first-time DUI charge dismissed, but California courts tend to treat DUI offenses harshly. For this reason, it can be helpful to work with a Sacramento DUI lawyer who understands the nuances of DUI law in California. It’s possible to get your charges dismissed if you can prove you were stopped without due cause, your screenings were not completed correctly, or there were factual problems with the arresting officer’s testimony.

Contact a Sacramento Second-Offense DUI Lawyer Today

Don’t shoulder the stress of handling a second DUI offense on your own. Our legal team at the Law Office of Conor Bell has years of experience litigating DUI cases at every level, and we’re dedicated to helping you work toward a positive outcome for your case.

We’ll dive deep into the details of your case and look for weaknesses in the charges against you, and we will ensure you are being treated fairly throughout the process. Get in touch with our legal team to connect with a Sacramento second-offense DUI lawyer today. Our team can help you explore ways to navigate your case.