A second DUI is a serious charge, because it can be charged as a misdemeanor or felony depending on the case. In California, 2nd DUI’s are charged under CVC 23152 and carry mandatory jail time of a minimum of 96 hours in a county jail. For felonies, its even worse. These carry state prison time of up to 4 years in prison. Clearly, a 2nd DUI is a grave and difficult charge to deal with.
A Los Angeles DUI law who handles 2nd DUI cases
Due to the serious nature of 2nd DUI cases, a DUI lawyer working with a 2nd DUI case will be very careful in how they handle the case. If the 2nd DUI is charged as a felony, the defendant will be entitled to a preliminary hearing on the matter. If the case is filed as a misdemeanor, the defendant will be arraigned, advised of their rights, and the court process will begin.
The work done on these cases by the DUI lawyer starts with gathering the evidence in the case. The evidence can include police reports, witness statements, video, audio, blood test results, blood samples, breath test results and information about the calibration of the medical devices used in the case.
2nd DUI and DMV consequences.
A 2nd DUI carries with it a 1 year driver’s suspension This is separate and apart from the court case against a 2nd DUI defendant. A driver in a 2nd DUI case is eligible for a restricted license within 90 days of the start of the suspension, if they comply with a rigorous DMV restricted license program. This includes mandatory alcoholic beverage class participation, the installation of an IID and the final resolution of the court case against the driver.
For more information on the process of resolving a 2nd DUI, call a dedicated DUI attorney at 213-400-0358 and learn more about the process.