DUI Second Offense in Los Angeles
If you’ve previously been arrested and convicted of a DUI in the past, you know the short-term and long-term impact it can have on your life. Because the state of California is trying to reduce recidivism among drunk drivers, the penalties for a second DUI are more severe than with a first conviction. If you’re facing your second DUI conviction in the past ten years, you need to retain the services of a criminal defense lawyer who has extensive experience DUI cases. In Los Angeles, that’s C. Robert Brooks, Attorney at Law.
Los Angeles is known for enforcing its DUI laws. Many believe that a DUI is usually filed as a misdemeanour. However, that is not always the case. A second time DUI arrest means you can face license suspension for a year followed by a restricted license, fines of several thousand dollars, mandatory driving school, and jail time for up to a year.
Many people are unaware that the 10-Year Rule for a California DUI means a DUI after 10 years from the prior offense is treated as a first offense. However, if the second time DUI is charged within 10 years then the penalties can be more severe. It does not matter if the prior offense happened within the state California. Other DUI offenses in other states are also taken into consideration.
Can you avoid jail time after a second DUI?
In the case of a second DUI, jail time is almost inevitable. However, it can be reduced or even dismissed under special circumstances. There are always other things to consider in a DUI case. Whether there were of injuries, the BAC level of the suspect, and prior offenses can dramatically affect the outcome. In cases, where the second DUI happens while on probation for a 1st DUI, it can lead to further punishment and a whole new case since this means you have violated your probation.
One of the major differences between a first and second DUI conviction is that charges are enhanced and it takes the expertise of a DUI lawyer to get the best outcome. C Robert Brooks is one of the top Los Angeles 2nd Offense DUI attorneys who has a record of success rate in getting severe penalties like jail time reduced.
If you are looking for an expert DUI attorney to fight your Los Angeles Second Time DUI offense Brooks’ office is the right place for you.
The 10-Year Rule for California DUI
If you’ve been convicted of driving under the influence one or more times in the past ten years, you could be facing enhanced charges. It may not even matter if the conviction occurred outside of the state of California; the courts may still consider an out-of-state conviction in your charging and sentencing.
Second DUI Offense Penalties
While a second DUI committed within the past ten years is still a misdemeanor, the potential penalties are more severe. Here are some of the major differences between a first and second DUI conviction:
|Penalty||First DUI||Second DUI|
|Jail Time||No Min, Six Months Max||96 Hours Min, 1 Year Max|
|Fines||$390 to $1000||$390 to $1000|
|License Susp./Revoc.||6 Months||2 Years|
|Ignition Interlock Device||6 Months||1 Year|
|Alcohol and Drug Education Program||3-9 Months||18-30 Months|
As is the case with a first-time DUI, your conviction will remain on your criminal record and you may be assessed additional fines by the courts.
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In most cases, first, second, and third DUIs are misdemeanors in the state of California. There are, however, aggravating circumstances that could recategorize any DUI to a felony. If you’re found at fault in an accident with serious injuries or death and you are determined to be under the influence of alcohol, you could be facing felony charges. Depending on the severity of the injuries, if you are charged with a felony, you could be facing prison time. If you kill another person in an accident that’s determined to be related to your state of intoxication, you could be charged with DUI Manslaughter.
Second DUI Arrest Lawyer in Los Angeles
All DUIs are serious, but a second DUI conviction can have an even greater impact on your life and livelihood than your first one. You need a DUI attorney who has the experience and legal acumen to have your charges reduced or dismissed. Attorney C. Robert Brooks has been defending individuals who have been accused of DUI in Los Angeles for decades. He can defend your freedom and your driving privileges. Contact our Los Angeles office to schedule a free initial consultation.