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101 on Second time DUI charges and their penalties in San Diego

On Behalf of | Nov 12, 2015 | Firm News |

2nd time DUIs happen more than people realize.  I have seen it come one of two ways.  First, there are scenarios where someone gets a 2nd DUI within two years of the first one.  Second, I have seen people pick up a 2nd DUI a long time away (usually 7-9 years).  In one case, there has to be an examination of what may be going on in someone’s life.  The other situation may just be bad luck.  In all cases, a second time DUI must be taken seriously and dealt with.

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.

The bottom line is the prosecution has more leverage against you.  You do not want to come into negotiations because the sanctions are much higher than a first time San Diego DUI.

The DMV will also try to punish you.  A second offense within 10 years results in a two year license suspension.  This is not the case llke a first time DUI where someone can wait 30 days and get a restricted license.  A second time DUI brings much harsher punishment from the DMV.  Do not go in without knowing all the options for you.  Call our office for a consultation at 858-751-4384.

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

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.

Contact the Law Office of Mark Deniz now for a free case evaluation at 858-751-4384.

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