How to handle a 2nd DUI in California.
A 2nd DUI in California is a common problem to handle. Similar to a first time DUI in many ways, a 2nd DUI in California has some important differences as well, the biggest one being mandatory jail time. The California DMV and state authorities are not kind to 2nd DUI in California cases because of the public safety concerns they raise. If you or someone you know is facing a 2nd DUI in California, it is important to understand what you’re up against, and how you fight back. We’ll go over the penalties for 2nd DUI, the possible defenses, and what a DUI lawyer does to handle 2nd DUI cases in California.
What are the 2nd DUI Penalties in California?
2nd DUI License Suspension
A 2nd DUI in California carries a mandatory license suspension of 1 year. Like 1st time DUI cases, the DMV has the authority to suspend a driver’s license of someone involved in a 2nd DUI. Due to the nature of 2nd DUI cases in California, the DMV is allowed to issue longer suspension for 2nd offense DUI cases.
License suspensions for 2nd DUI in California:
– 1 year mandatory driver’s license suspension
-*(Can be reduced to 90 days with a subsequent restricted license to drive to and from work.)
In order to qualify for the restricted license, the driver will have to enroll in alcohol classes and install an IID or ignition interlock device on their car. Lastly, the court case against the driver has to be complete before the DMV will issue the restricted license.
DMV hearings for 2nd DUI cases in California.
In a 2nd DUI case, the driver will be given 10 days to submit a request to the DMV for a hearing on their license. If the driver or their lawyer fails to contact the DMV within 10 days of the 2nd DUI arrest, the driver’s license will automatically be suspended. If the driver, or their lawyer, contact the DMV, a hearing will be set (usually around 30-40 days later) to review the case at a DMV hearing.
2nd DUI DMV hearings are just like 1st offense hearings: the DMV will examine evidence from the police, sheriffs, or highway patrol in the case, go over written reports and documents, review the physical evidence and blood or breath tests and any ask questions to witnesses or read their statements.
2nd DUI in California jail time.
California law is harsh to 2nd offense DUI drivers. Under California law, a mandatory 96 hours of jail time will be given to a driver convicted of a 2nd offense DUI within 10 years of the prior DUI.
Alcohol classes, MAAD impact panel and AA classes.
In addition to jail time and license suspension, 2nd DUI cases in California involve alcohol classes to be completed by the driver if they are convicted, or if they wish to have a restricted license following a 90 driver’s license suspension. These classes go over dependence, substance abuse, the consequences of decisions on the part of the driver, and the real consequences of Driving under the influence.
Talk to a lawyer if you’re facing a 2nd DUI in California.
If you or someone you love is facing a 2nd DUI, it is very important to speak to a lawyer who understands what you’re up against and how you can fight back. Call a DUI lawyer at 213-400-0358.