What 2nd DUI California DMV issues can arise for DUI clients?
A person facing a 2nd DUI in California has significant DMV issues to deal with. A driver with a 2nd DUI (within a 10 year period) is facing a year license suspension (two years if the driver did not submit a chemical test) in addition to possible installation of an ignition interlock device, mandatory alcohol classes and increased insurance prices.
How long is the 2nd DUI California DMV license suspension?
A driver involved in their 2nd DUI in California in the previous 10 years is looking at a 1 year license suspension if they fail to set a DMV hearing on the matter or if they lose at a DMV hearing. If the case involves a driver who did not submit a chemical test (either blood or breath) the driver is looking at a 2 year driver’s license suspension.
How does someone avoid such a long suspesion in a 2nd DUI Califorrnia DMV suspension case?
To avoid a lengty suspesnion in a 2nd DUI case, the first important step is to make sure you in fact set a DMV hearing within 10 days of the arrest. If you do not make arrangements for a DMV hearing, you will face an automatic license suspension. The next step in 2nd DUI in california cases to avoid DMV suspension of driver’s license is to build a successful defense for the DMV hearing. At DMV hearings 3 things have to be proven by a preponderance of evidence:
-The arrest was lawful and based on probable cause
-The driver was driving
-At the time of driving, the driver’s blood alcohol level was 0.08 or higher based on the results of a chemical test
2nd DUI cases are no different than 1st DUI cases with respect to the defenses used and the strategies DUI lawyers employ to fight these cases.
Can a driver get a restricted license to drive to and from work in 2nd DUI California DMV cases?
People meeting certain DMV requirements can get a restricted license to drive to and from work in 2nd DUI California cases. A DUI lawyer who regularly handles 2nd DUI California DMV issues will know the steps to get a restricted license. The restricted license will be available to a qualified driver after a 90 day hard suspension. The steps to qualify for the restricted license involve alcohol classes, installation of an IID (Ignition interlock device) and showing proof of insurance.