Is there jail-time for a 2nd DUI in California?
Jail-time is a real possibility for California 2nd DUI offenders. In fact, a minimum of 96 hours (4 days) of jail is mandatory under the current law in California for people who are convicted for their 2nd DUI within 10 years. The typical person facing jail-time for a California 2nd DUI offense actually is looking at 30 to 90 days. The number of days depends on the severity of the offense, whether other people were injurred or hurt in an accident involving the DUI, whether there is property damage, and the blood alcohol level of the driver. Other factors include the driver’s prior criminal record, how long ago their 1st DUI offense occured, and how successful where they were in completing their probation.
The single most important factor is the attorney you hire to help you with your case. For 2nd DUI cases, attorneys can:
-Argue your best case to the prosecutors and the judge
-Show your redeeming qualities
-In many cases get alternates to jail, such as home confinement
Impact on Driver’s License for California 2nd DUI.
For people facing their 2nd DUI in California, they should know they face up to 1 year license suspension. An attorney can show you how to reduce this suspension to 90 days, so you can get back on the road to drive to and from work.
Typical defenses to cases involving California 2nd DUI.
In cases involving 2nd DUI clients, DUI attorneys have developed defenses that work in helping their client. The most common defenses for 2nd dui cases are:
-Arguments related to showing the prior DUI doesn’t count as a legal factor in determining sentancing in this particular case
-Rising Blood Alcohol Defense (Showing the driver’s blood alcohol level was actually below the legal limit at the time of driving.)
-Lack of probable cause by police in initiating the arrest in this 2nd DUI case