California law makes it a crime to drive under the influence of drugs or alcohol. These substances can impair your judgment and endanger other people on the road. DUI is a serious offense charged under California Vehicle Code 23152. Since DUI is a priorable offense, having prior convictions makes your case more serious. You will face an arrest and charges for a 2nd DUI when you have a previous conviction for DUI or wet reckless in the past ten years.
Before you face a conviction, the prosecution must prove all the elements. This includes establishing that you are a repeat offender. A second-offense DUI is a misdemeanor that carries severe legal and collateral consequences. After a conviction, you will face a mandatory jail sentence, fines, and a permanent criminal record. Also, the court will suspend your driver’s license, which can significantly impact your life.
If you face a second DUI charge in Los Angeles, CA, you will need the expert legal insight we offer at CCLG: Los Angeles Criminal Attorney.
An Overview of 2nd Offense DUI in California
A second DUI in California happens when you drive under the influence of alcohol for a second time within 10 years. Being under the influence means that your blood alcohol content (BAC) is 0.08% or higher. It can also happen if drugs or legal or illegal substances impair your ability to drive safely.
A second DUI is treated more seriously than a first offense. California law considers repeat offenses dangerous. This fact is because the driver has already received warnings about the risks associated with such conduct. The penalties for your second DUI may be stricter, and the consequences can affect your life, finances, and future opportunities.
Most second DUIs start with a routine traffic stop. Police officers watch for signs of impaired driving. If an officer suspects impairment, they may ask you to perform field sobriety tests. These can include:
- Walking in a straight line
- Standing on one leg
- Following a moving object with your eyes
The officer may also use a breathalyzer to measure your BAC. If the test shows you are over the legal limit or if the officer observes clear impairment, you can face an arrest. After an arrest, the officer will take you to a local jail or detention facility. At the detention center, you will undergo the booking process, which involves:
- Fingerprinting
- Photographing
- Recording personal information
After booking, the prosecution will file DUI charges against you. While your case is pending, you can secure a bail release. To convict you of this offense, the prosecution must prove these elements beyond a reasonable doubt:
- You operated a vehicle. In California, the court will only find you guilty of DUI if you drove a car during the arrest.
- You were intoxicated. The prosecuting attorney must assert that you were intoxicated with alcohol or drugs when you operated the vehicle. Intoxication can mean that your BAC was over the limit.
- You have another conviction on record. 2nd offense DUI charges arise when a defendant has a wet reckless or drunk driving conviction on record. However, the record must be within the past ten years.
Sentencing and Punishment for Second Offense DUI
You will be charged with a second DUI charge if there is a prior”wet reckless” or DUI conviction on your record. A 2nd drunk driving offense is generally a misdemeanor. A conviction for this offense can result in these penalties:
Fines and Fees
For your second DUI, you can face fines ranging from $390 to $1,000. These fines do not include additional fees, penalties, and assessments. Court costs and administrative fees can increase the total amount you owe by several thousand dollars. The court may also order you to pay for DUI program enrollment and other related expenses.
Jail Time
A 2nd DUI in California can carry a sentence of 96 hours to a year in jail. Jail time is mandatory for this offense. Although the court may allow alternatives like probation, you may need to serve some time. Even short periods in county jail can affect employment and personal life.
License Suspension
One of the most severe consequences of a DUI conviction is the suspension of your license. After the second DUI conviction, the DMV can suspend your license for up to two years. If you need to drive, you might qualify for a restricted driver’s license. This license allows limited driving for work, school, or medical needs. The court may also order you to install an IID if you want early driving privileges.
DUI School
After your conviction, a judge may order you to complete a DUI program. The program lasts 18 months. In the program, you will learn about alcohol use, driving risks, and safe habits. Completing the program is necessary to restore your driving privileges. Failure to complete it can extend your license suspension.
Probation
Most second DUI offenses carry probation instead of full jail time. Probation usually lasts 3 to 5 years. However, the sentence is not available for all defendants. You may need to negotiate with the prosecution for a probationary sentence rather than incarceration. When imposing a probation sentence, the judge can set the following strict conditions:
- Attending regular court hearings
- Random drug testing
- Avoiding further criminal activity
- Pay all fines and court costs.
If you violate your probation conditions, the court can revoke it. After probation revocation, the court may impose the maximum or original sentence for the crime.
Vehicle Consequences
You might face vehicle-related penalties for your second DUI. This can include vehicle impoundment for 30 days. Additionally, you may need to pay towing and storage fees. When added to fines and program fees, the costs can strain you financially.
Insurance Consequences
A second DUI can raise your insurance rates dramatically. Some insurers may refuse coverage.
Aggravating Factors in a 2nd Offense DUI Case
Aggravating factors are circumstances that make an offense more serious. When these factors exist, a defendant can face harsher punishment. Aggravating factors in your second-offense DUI case may include:
- High blood alcohol level. The BAC legal limit for adult drivers in California is 0.08%. If the court determines your BAC was 0.15 percent or higher when you were driving, you may be subjected to enhanced DUI penalties.
- Child passenger. The court aims to protect minors from risk. Driving while intoxicated with a minor under 14 years old in the vehicle is a severe aggravating factor. The outcome can result in increased fines, jail time, and program requirements. Besides the second DUI, you could face child endangerment charges.
- Causing injury. DUI can slow your reaction and cloud your judgment. A lapse in judgment can increase the risk of accidents. If you cause an injury to another person, you may face harsher penalties for a second-offense DUI.
Collateral Consequences of a 2nd-Offense DUI
The impact of a conviction for a second offense DUI does not end with incarceration and fines. The conviction enters your record, and it can result in the following lasting consequences:
- Difficulty Finding Employment
Most employers conduct background checks on potential employees before hiring. A second DUI conviction shows your disregard for the laws and the safety of others. For this reason, the employer can use it to discriminate against you during the hiring process.
- Professional License Impact
If you work in a profession that requires a license, the licensing board will learn of your DUI conviction. This can trigger an investigation and potential disciplinary action.
- Social Stigma
A conviction for a second-offense DUI can indicate poor judgment. After learning of the conviction, you may receive different treatments from your family and friends.
- Difficulty Finding Housing
Some landlords will look into your criminal record before renting you an apartment. A conviction for this offense for drunk driving can make it challenging for you to rent a good apartment.
DMV Driver’s License Suspension for a 2nd-Offense DUI
A second DUI offense triggers severe consequences from the Department of Motor Vehicles. The DMV process is separate from the DUI criminal proceedings. After your arrest, a traffic officer will confiscate your license and issue you a temporary license, which you can use for up to thirty days.
Also, the officer will inform you of your right to schedule a DMV hearing where you can defend your license. You have up to ten days to request the hearing. If you do not request the hearing, you can face an automatic license suspension. This suspension is based on the arrest and chemical test results.
A DMV hearing is an informal one presided over by a DMV officer. At this hearing, you will have the right to:
- Right to legal representation. The outcome of a DMV hearing can dictate the fate of your driver’s license. You can hire an attorney to represent you at this hearing. Your attorney can question witnesses, present evidence, and argue on your behalf. Legal representation can improve your chances of success.
- Right to review and challenge the evidence. You can examine police reports, chemical test results, and other documents at the DMV hearing. This procedure helps you challenge the lawfulness of the traffic stop and arrest.
- Right to present your evidence and witnesses. At the DMV hearing, you can show the proof to dispute the allegations that you were driving under the influence.
The burden of proof at the DMV hearing is by a preponderance of the evidence. This standard is lower than the “beyond a reasonable doubt” needed in a criminal case. In addition to protecting your license, the DMV hearing allows you to discover the evidence that the prosecution could present in your criminal case.
You could continue driving as you wait for the criminal case outcome when you prevail in the hearing. However, when you lose your hearing, the DMV can suspend your license for up to two years. The administrative license suspension is different from the suspension you could face after a conviction for second-offense DUI.
After the license suspension, you could qualify for the restricted license. The restricted license will allow you to go to work, school, and DUI programs. To be eligible for the restricted license, you must enroll in an 18-month DUI program. In most cases, you must install an IID in your vehicle. The IID requires you to blow into the device before starting your car.
Legal Defenses Against Charges for a 2nd DUI
Defendants facing charges for a second DUI in California face significant consequences. In addition to spending time behind bars and losing your license, you will have a permanent criminal record. If you are charged with this offense, you must aggressively fight to avoid a conviction. Common defenses you could present against your 2nd DUI charge include:
You Were Not Driving
The prosecution must prove that you were operating a moving vehicle for you to be convicted of drunk driving in California. Simply sitting in the driver’s seat of a parked vehicle will not constitute driving. You can argue that you were not driving at the time of your arrest.
Unlawful Traffic Stop
Unless you are at a DUI checkpoint, the police must have a valid reason to pull you over. An officer cannot stop you based on a guess or a hunch. Instead, they must observe a traffic violation or clear signs of impaired driving. These may include:
- Speeding
- Swerving
- Running a red light
If you drove safely and obeyed traffic laws, the stop may be unlawful. When a stop is illegal, you can challenge any evidence gathered at this stop. This may include breath test results and officer observations. If the judge agrees to dismiss the evidence collected at an illegal stop, the DUI charge against you may not stick.
Improper Administration of Field Sobriety Tests
After a traffic stop, the officer must administer a field sobriety test. This is a physical test that takes up to fifteen minutes. There are specific guidelines that the officer must follow when administering these tests. The main aim of an FST is to check for impairment and give a reason to perform a blood or breathalyzer test. You could beat your second DUI charge by arguing that the officer did not follow the set guidelines for the FST.
Inaccurate Breathalyzer Results
If you fail the sobriety test, the traffic officer will administer a breathalyzer test. A breathalyzer is a device that measures the alcohol content of your breath. The device’s result shows the alcohol content in your blood. However, breathalyzer results are not always accurate.
California law requires that these devices be properly calibrated and maintained. If the machine is not checked regularly, it can give false readings. Even minor errors can raise your blood alcohol level on paper. The officer must also follow strict testing rules. Environmental factors can also affect the machine.
If the device was defective or poorly maintained, your attorney can challenge the evidence. The validity of the BAC test results in question can weaken the prosecutor’s case, making it difficult to secure a conviction.
Medical Conditions Affecting Test Results
A DUI case depends heavily on the BAC test results. Some medical conditions can affect DUI test results. Acid reflux or GERD can cause stomach acid to rise into your mouth. In this case, the breathalyzer may read your results as a higher blood alcohol level. Diabetes can also affect results by producing acetone in your breath.
A breathalyzer device may confuse acetone with alcohol. If you have a medical condition, you can explain away the poor test performance. However, you will need medical records, and expert testimony can help support this defense. Giving reasonable explanations for the high BAC results can create a reasonable doubt in the case.
Police Error or Procedural Violations
Police officers must adhere to strict procedures during a DUI arrest, even when they suspect you of driving under the influence. If they make mistakes, you can challenge the case. The officer must advise you of your rights before questioning. Also, they must follow proper testing steps. If the officers fail to follow these procedures, your attorney can file motions to suppress evidence. Suppression of key evidence may weaken or even lead to the dismissal of the charges.
Rising Blood Alcohol Defense
Alcohol does not enter your bloodstream immediately after taking it. Your blood alcohol level can rise over time. The time between the DUI stop and a blood test at the police station can cause your BAC to rise above the legal limit. You can use the increasing BAC as a defense for your 2nd DUI charge.
The law focuses on your level while driving, not later. You can hire an expert to review the timeline of drinks and testing. If your BAC was rising, this can create doubt about impairment at the time of driving.
Lack of Probable Cause for Arrest
An officer must have probable cause to arrest you for driving under the influence of drugs or alcohol. “Probable cause” means clear facts that suggest you were driving under the influence. Sometimes, an illness or fatigue can mimic the symptoms of intoxication. The officer must rely on clear signs of intoxication that may justify arrest.
If these signs were weak or unclear, the arrest may have been improper. You have the right to contest the arrest if there was no probable cause. The court can exclude any evidence collected after an unlawful arrest, which can weaken the prosecutor’s case.
Can I Expunge a 2nd Offense DUI?
The consequences of a second-offense DUI conviction can be life-changing. Fortunately, you can avoid some of the disabilities of the conviction by expunging it. Under California PC 1203.4, an expungement is a legal proceeding that allows for the dismissal of your case after you have met certain qualifications. An expungement does not erase the DUI.
Instead, the court withdraws your guilty plea or verdict and dismisses the case. This can improve employment and housing opportunities. However, an expungement does not clear your driving record or remove DMV consequences. To qualify for an examination, you must meet the following eligibility requirements:
- You completed probation. Sometimes, the court will sentence you to probation instead of jail time for your DUI offense. Before you can expunge the conviction, you must complete the probation. Successful completion of probation means that you have served the entire term and followed all the probation conditions. If you violated probation, the judge may deny your request to expunge the conviction.
- You did not serve time in state prison. Most second DUI cases involve county jail, not state prison. If you served time in county jail and completed probation, you may still qualify. A state prison sentence usually makes you ineligible for this type of post-conviction relief.
- You are not currently charged with another crime. You must not be facing new criminal charges or serving time for another crime when you file for an expungement.
- You completed all sentencing requirements. You must have met all the obligations of the DUI sentence before petitioning for an expungement. This may include paying restitution, finishing community service, and installing an ignition interlock device.
Expunging your 2nd offense DUI will require you to file a petition with the court. A judge will review the petition and accept or deny it.
Find a Skilled DUI Defense Attorney Near Me
You could be arrested and charged with a second-offense DUI if you operate a vehicle under the influence of drugs and you have another DUI conviction on your record. A second DUI offense is more serious than a first offense. A conviction for a second DUI is a misdemeanor punishable by a jail sentence of up to one year.
Unlike a first offense, there is a mandatory minimum sentence for the second offense. The DMV has the authority to suspend your license for a maximum of two years in addition to imposing jail time. Even after serving your sentence, the DUI conviction will remain on your record, and it can affect your personal and professional lives.
Fortunately, not all arrests for DUI result in a criminal conviction. With the insight of a reliable criminal lawyer, you can build a strong defense against the charges. At CCLG: Los Angeles Criminal Attorney, we will offer the legal guidance you need to secure a favorable case outcome. Call us at 323-922-3418 from Los Angeles, CA, for much-needed assistance.
