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Second time San Diego DUIs and other DUIs with priors

On Behalf of | Oct 18, 2015 | Firm News |

When I get a call from someone talking about a DUI arrrest one of the first questions I ask if this is their first DUI arrest.  If someone has a DUI conviction, it raises the stakes and increases the sanctions.

A DUI has severe consequences with a first time DUI and no previous criminal record. If a person is arrested with another DUI within 10 years of a previous DUI conviction, they will be facing even more severe consequences. These cases more than before need effective representation.


San Diego prosecutors will likely allege a prior if you have a prior DUI conviction within 10 years. This includes convictions for “Wet Reckless” convictions as well. If the conviction is outside the state of California the prosecution may or may not be able to allege the prior. It is an area an attorney needs to research. Our firm has extensive knowledge in determining whether they will be able to use an out of state prior against you.


Second DUI

A Second DUI increases the penalties. Many people feel their second DUI case is going to be similar that the first. It is not. Not even in the slightest. It comes with the following:

  • Mandatory Custody time.
  • Probation for five years
  • Multiple DUI Education course, which is 18 months long. This is referred to by the DMV SB 38 course.
  • 1 year license suspension
  • Higher Consideration for Interlock Ignition Device (IID)
  • Higher Fines
  • Higher Public Work days required

Third DUI

If someone has two previous DUIs within 10 years and is arrested on their third DUI the prosecution will believe there is major alcohol issues. They will be seeking actual jail time instead of picking up trash or being on an ankle monitor. These cases need to be reviewed very intensely. Some of the Mandatory Penalties include:

  • Five years probation
  • Minimum of 120 days to a maximum of one-year county jail.
  • 30 month DUI Education Program.
  • Three year license revocation, which after 18 months, may be converted to a restricted license.
  • Increased fines

Felony DUI

A DUI can become a felony in two instances:

  1. If the San Diego DUI is the 4th Fourth DUI within 10 years. All California DUI conviction within 10 years of the felony DUI will be considered felony DUI.
  2. The present DUI involves an injury to another party.

These convictions can result in a prison term. These charges are very serious and can result in losing your driving privilege for several years. Beating a felony DUI charge requires an aggressive and skilled lawyer who knows how to beat the charge and employs effective strategies to resolve your case favorably.

Being arrested for driving under the influence (DUI) is one of the most harrowing experiences a California motorist can face.In addition to facing an automatic license suspension, a drunk driving arrest can lead to a number of severe criminal penalties-including hefty fines and a possible jail sentence. And, if you are one of the thousands of individuals who have a prior drunk driving conviction on your record, the stakes are even higher. Under the state’s mandatory sentencing guidelines, a second DUI offense can carry much harsher punishment than a first offense.

California DUI law classifies any person who has been convicted of driving under the influence within a ten-year period as a repeat DUI offender. As a result, lawmakers grant little leniency to those who are found guilty of a subsequent charge-and many of the penalties you receive will be based on the nature of your prior arrest.

Like most states, California law prohibits anyone from operating a vehicle with a blood alcohol content (BAC) of 0.08% or higher. However, if you are under 21, you can be charged with DUI if your BAC is 0.01% or higher. Commercial vehicle operators are also subjected to an even lower BAC limit of just 0.04%. Any driver who is found to be in violation of these guidelines can therefore be arrested and charged with driving under the influence.

Along with enforcing the above BAC limits, California’s “Implied Consent Law” requires drivers to submit to chemical testing if they are ever suspected of driving while impaired. Designed to calculate BAC, chemical tests (breathalyzers, blood, and urine tests) are one of the most common tools law enforcement officers use to identify drunk drivers. In the event that you are pulled over on suspicion of driving under the influence, you are legally obligated to allow the officer to administer a test to determine your BAC. In fact, refusing to comply can lead to even more severe penalties than failing the test.

If you are charged with driving with an illegal BAC and have been convicted of a similar offense in the past, the punishment for a second conviction can include up to a one-year license suspension, possible jail sentence, and mandatory alcohol treatment. In addition, you will be forced to obtain SR22 insurance-a type of auto insurance policy reserved for high-risk drivers-for up to three years after your driving privileges are restored. In light of SR22 insurance costing two to three times more than your current policy, this penalty can easily become one of the most damaging.

If you are convicted of refusing a breathalyzer or other chemical test for a second time, you will face the same penalties listed above; however, whereas drivers who fail a chemical test are eligible for a restricted license after a specified period of time-allowing them to drive to and from work, school, and other court-approved activities-individuals who are convicted of violating the state’s implied consent law do not qualify for these limited privileges.


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