Second Time DUI: What to Expect in Orange County CA

Whatever state you are in, you will get a DUI for driving while impaired by alcohol or drugs. The consequences of a DUI are severe, even for first-time offenders. However, the penalties are further advanced for second time DUIs. These penalties will not only include license suspension, substance abuse educational programs, and fines, but also mandatory jail time. Also, most states require that second time DUI offenders have their vehicles installed with an ignition interlock device (IID). If you have been arrested for a second time DUI offense, you need to contact the best orange county criminal defense lawyer as soon as possible.

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Penalties associated with second time DUIs Minimum and Maximum Fines

Once you are arraigned in court for a second time DUI crime, the judge will take into consideration several factors such as your reputation, the details leading to your pullover sequence, among other factors which will all be combined into possible penalties in your DUI case. Normally, the penalties range from minimal and generous to long-term and detrimental. The minimum to maxim penalties for second time DUIs include:

  • 4 to 365 days jail term
  • Fines ranging from $390 to $1,000
  • 3 to 5 years of probation
  • Your license may be suspended for about 2 years
  • You might be subjected to 30 months of DUI School in California

Since one small matter can change a minimum fine into a maximum penalty fast, you need to invest in a resilient criminal defense lawyer orange county.

Negotiating the different types of Penalty

The job of a prosecutor is to use you as a model for other citizens. Hence, the prosecutor will seek out the maximum penalty to show other citizens the consequences of driving while intoxicated. In such a case you will need a defense attorney who knows and understands the Orange County CA laws inside and out. Since each case is unique, the details you provide can help your defense DUI lawyer secure minimum penalties. Some important details you should consider include;

Any property damage involved

Children present at the scene

Any injuries or deaths caused by you driving while under the influence

If your DUI situation was somewhat uneventful, chances are that you will get minimum penalties without exerting too much effort. Still, without a good criminal defense lawyer orange county, even a simple case can be lost.

What are the causes of severe penalties

A case can be complicated by certain known factors. Most the time, harsh penalties are imposed if any of these concerns are part of your charge. These issues include;

A blood alcohol content that exceeds 0.15%

Driving under influence with children aged under 14 in the vehicle

Driving under influence without an updated license

Causing injury or death

Note that under such circumstances, not only will you penalties become harsher, but the charge may change too. A misdemeanor can turn into a felony if any bodily injury or death was caused. Hence, it is crucial that you get a strong Orange County criminal defense lawyer. An expert defense team can put all their effort to ensure you do not get charged with a felony.

Controlling Driving privileges

As expected, a driver that is arrested for second time DUI offense will face a longer driver’s license suspension. The minimum driver’s license suspension for a second time DUI offense is 12 months. In the event the driver refuses to submit to a chemical testing, the suspension period for a second offense will be 2 full years. Also, unlike first-time offenders who are allowed a restricted license after a 30-day suspension, restricted licenses are generally, not available for second DUI offenders.

However, depending on what happens in the court and with a strong defensive team, you are more likely to obtain a restricted license even though you are still fighting a second DUI offense. Nonetheless, the court will still need proof that you are driving sober. The judge may ask for an ignition interlock device to be mounted on your vehicle. This calibrated device requires your sober breath for it to run the engine. Some of these devices may even have a restriction on certain destinations such as cocktail bar address.

You need to think of the device as an opportunity to prove yourself before the court. You will gain the rust of the court every time you have a sober driver or drive to a permitted destination. All the sober readings will be recorded to indicate your compliance.

Defining second DUI offenses

If California did not define the terms of a second offense DUI charge, many drivers would be in serious trouble. If you received your first-time arrest when you were 22 years old, and a second conviction is impending as you turn 40 years, by California standards, this does not count as a second time DUI. A second time DUI offense is only viable if the first offense happened in the last 10 years.

 

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