A 2nd DUI will result in an automatic license suspension within 10 days of the DUI arrest if the driver doesn’t contact the DMV and request a hearing. The suspension will take effect 30 days after the arrest, and will be a 2 year suspension that prohibits the driver from driving in California.
What to do to avoid a 2nd DUI license suspension:
The first step in avoiding a 2nd DUI license suspension is to contact a DUI lawyer familiar with the DMV and defenses that work in DUI cases. DMV hearings are legal proceedings that should not be taken lightly. When you consult with a DUI attorney, be as honest and accurate as possible in discussing your case: the lawyer has probably heard worse cases than the one you’re dealing with so you shouldn’t be ashamed of what happened in your case.
Building a defense for the DMV:
In a 2nd DUI license suspension case, the DMV has to prove 3 things:
1. The driver was lawfully detained
2. The driver was driving a motor vehicle
3. The driver had a blood alcohol level at or above 0.08% at the time of driving.
Because the DMV has to prove these three elements to issue a suspension, a DUI defense lawyer uses this as an outline to build the defense case.
Was the Driver Lawfully Detained?
Police conducting a search or seizure of a person driving on a roadway is illegal unless the police officer involve had probable cause to believe the person was committing a crime. In DUI cases, this can be ANY vehicle code violation, including minor traffic ticket type offeneses such as broken tail lights or windows that are tinted. Most DUI cases involve either speeding, or “lane straddling” violations that tend to show impairment of the driver. Even if the police see a driver swerving within their lane, or even touching the lanes of the roadway, the police have to follow the driver for a “substantial distance” to observe the violation. (See U.S. v. Colin)