2nd DUI California DMV

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.

Posted in 2nd Offense California DUI.

Leave a Reply