A second DUI charge can lead to a long-term license suspension, significant fines, and a jail term. Usually, judges are strict when dealing with repeat offenders. The court could have given you a break for your first DUI, but the judge will consider your second DUI crime as a sign that you are notorious. DUI is a priorable offense, meaning that the punishment is harsher for a subsequent offense. If you commit a second DUI within ten years of committing the first crime, you could face a unique set of enhanced punishments. Second-time DUI offenses also apply to out-of-state crimes or wet reckless driving charges. You should consult a competent DUI attorney if you face second DUI charges.
Penalties For a Second-Time DUI
If you are arrested and charged with a second-time DUI, you could wonder how the court or DMV penalties differ from those of the first DUI charge. Generally, when the prosecutor charges you with driving under the influence for a second time, you could face the following penalties:
- A requirement to install an ignition interlock device (IID) for one year.
- Summary probation of three to five years.
- Enrollment for court-approved DUI school that lasts 18 to 30 months.
- Suspension of your driving license for a period that does not exceed two years. The license could be converted to a restricted license after that, or you could get an IID-restricted one immediately. You can drive anywhere if you install an IID in your car.
- Payment of fines ranging between $390 and $1,000 and an additional $1,000 in penalty assessments.
- A mandatory jail term of 96 hours to a maximum of one year.
Usually, the penalties imposed by the court for a second-time DUI differ depending on the county in which you are charged.
Installation of an Ignition Interlock Device (IID)
An ignition interlock device, commonly abbreviated as IID, is a mini-breathalyzer instrument installed in vehicles. It is usually installed on the dashboard and prevents the engine from starting until you provide an alcohol-free breath sample. If the court orders you to install an IID in your vehicle, you must call an expert to install it, and every car you drive, or own must have it. Motorcycles and employer-owned vehicles are exempt from this rule.
After you begin driving, the IID will request random samples every five to fifteen minutes. After that, the IID will request a breath sample every 45 minutes. You will have around six minutes to provide a sample if the IID asks for these ‘’rolling’’ samples. If you fail to do so, the instrument will not disable your vehicle, but it will record a ‘’fail’’ on your log that will be reported in court.
An IID is designed to ensure only the driver provides their breath sample. This is accomplished as follows:
- Requesting random samples, even when you are behind the wheel.
- Making it an offense to request another person to provide their breath sample instead of yours fraudulently.
- Having a short cord that cannot reach the back seats or passenger seats.
- Requesting a specific breath pattern for the sample.
The IID is also designed to detect and record the following:
- All the breath test results.
- All engine stops and starts.
- Any effort to tamper or disconnect the instrument.
Under the law, the judge will order you to install an IID for two years if you are convicted of a second-time DUI. Similarly, you will also be ordered to install the device for two years if you are convicted of a second DUI causing injury. However, if the court does not charge you with a second DUI, but the DMV finds you liable, you could be ordered to install the IID for a mandatory period that does not exceed one year.
On average, the IID costs $3.00 per day. However, some companies are costly, charging $75 to $100 for installation. You will also have to pay for the maintenance and calibration of your IID. Fortunately, under California's mandatory IID pilot program statute, VC 23700, you can pay a portion of the expenses if you cannot afford the costs of your compulsory IID. On the other hand, the DMV will charge you $103 in administrative service fees.
When the court orders you to install an IID in your car, you should consult an authorized installer to have it done. The court-approved IID installers that you could consider are:
- Alcohol Detection Systems.
- Sens-O-Lock.
- Guardian Interlock.
- Smart Start of California.
- Intoxalock.
Summary Or Misdemeanor Probation
Courts give misdemeanor or summary probation to juveniles, first-time DUI offenders, and low-risk non-violent offenders. The court can also award summary probation to second-time DUI offenders, depending on the judge’s assessment of how the offender will behave when given a second chance.
When the court imposes summary probation, there are always some conditions. The conditions are reasonable and logically related to your crime. The following are the typical probation conditions that you must comply with:
- Submit to random drug testing.
- Complete community service.
- Attending a court-approved DUI school.
- Pay victim restitution, court costs, and fines.
- Abstain from drugs or alcohol and enroll in a substance abuse program.
- Install an IID on every vehicle you own or drive for a period that does not exceed three years.
- Not to commit an additional offense.
- Not to drive with any measurable amount of alcohol in your blood.
Misdemeanor probation requires that you return to court occasionally to give the judge a progress report. Failing to make the progress report can be a probation violation. The judge could issue a bench warrant against you for this violation.
Additionally, the judge has the power to modify your probation terms. The judge, prosecutor, or you can initiate the modification. Unfortunately, the modifications could fail to favor you. For example, the judge could do the following in response to a probation violation:
- Increase the time you must spend in jail.
- Extend the term of alternative sentencing.
The judge can also terminate your summary probation early. The judge can only do this if you complete the terms of probation ahead of schedule and without any violations.
Under California law, you can reject summary probation if charged with a second-time DUI. At times, you could prefer to serve a jail term and get it over with instead of adhering to the conditions of probation for several months. The judge will not impose an alternative sentence if you do not want probation.
Enrollment For DUI School (SB 38)
An SB 38 program is a DUI school in which you must enroll and complete if you are charged with a second-time DUI within ten years of a wet reckless charge or a prior DUI. This program is also known as the ''18-month second-time DUI offender class''. An SB 38 program is mandatory regardless of whether you were charged with, pleaded guilty, or "nolo contendere’’ to a second DUI charge. This includes a conviction for:
- DUI of drugs.
- Driving under the influence — VC 23152 (a).
- Driving with a BAC of 0.08% or more — VC 23152 (b).
The purpose of the SB 38 program is to help repeat offenders avoid facing more DUI charges. It accomplishes its goal by:
- Guiding the repeat offenders through the process of recovery.
- Identifying the cause of the habitual behavior of the offender.
You could violate the probation terms if you fail to complete the SB 38 program. You will have to attend a probation violation hearing.
You are allowed a few absences when you enroll in the SB 38 program. However, you must make up for your absences before securing a certificate of completion.
Suspension Of Driver’s License
The power to suspend or issue restricted licenses lies with the DMV. Two factors can trigger the suspension of your driver’s license, including:
- DUI charge under VC 23152(a) or (b).
- Failing to request a DMV hearing within ten days from the date of the arrest or losing during your DMV hearing.
A second DUI charge within ten years attracts a two-year suspension of your driver’s license. A second-time DUI within ten years results in an administrative suspension of your driver’s license for one year. However, you can secure a restricted license if you submit to a chemical test after 90 days and provide evidence of IID installation. This will permit you to drive if your vehicle has an IID. The restricted license will last for one year.
You will face severe penalties if you are charged with a second-time DUI and refuse to submit to a chemical test. Your license will be revoked for two years, and you will not be eligible for a restricted license.
Circumstances That Could Lead To An Enhancement Of Your Penalties
If you are charged with a second-time DUI, some factors could enhance your county jail or state prison term. The common elements are:
- Child endangerment — Under Penal Code 273a or having minors under 14 years in the vehicle when you commit the DUI offense.
- Over speeding.
- Committing a second DUI when you are below 21 years.
- Causing an accident while driving under the influence.
- Refusing to submit to a chemical test.
- Having a blood alcohol content of 0.15 or more.
The enhanced penalty you will receive for the above factors will depend on the following:
- Your criminal record.
- The facts of your DUI arrest.
A second-time DUI charge, combined with the above factors, makes the pending punishment even more severe.
A Second DUI And a Permanent Criminal Record
Your second-time DUI could lead to a permanent criminal record. However, you can avoid a permanent criminal record if you secure an expungement. You can secure an expungement if:
- The court-imposed probation.
- You completed probation successfully.
You must apply for an expungement, and the judge will review your application. You can withdraw your guilty plea if the judge grants you a DUI expungement. The charges against you will no longer apply when you enter a plea of ‘’not guilty’’.
Fighting a Second Time DUI Charge
An arrest for a second-time DUI can be daunting but surmountable. However, if you consult a skilled DUI attorney, there is always hope that you could come out of the process with an acquittal or dismissal of your charges. Therefore, you need to hire an attorney immediately to review your charges. A lot goes into developing the best defense, and you must commence within hours of your second DUI arrest. The reasons for hiring an attorney to contest your charges include the following:
Plea Bargaining
You should seek the services of an attorney since an attorney could assist you in settling your charges satisfactorily. Most overwhelming DUI charges do not go to trial; therefore, hiring a skilled attorney is as good as hiring an attorney who knows how to convince the District Attorney. In addition, your attorney can discuss settlements that could help you secure a lesser charge.
Legal Research And Writing
When you hire an attorney, he/she will assist you in gathering and interpreting the evidence in your case. The attorney will also use the evidence to consolidate written motions to support your charges. For example, your attorney could file a ''Pitchess Motion'' if you believe the officers involved in your arrest targeted you unfairly or handled you unprofessionally, suggesting police misconduct. The motion is often filed and heard before trial commences. This could help your attorney identify weaknesses in the officer's personal life, giving you a high chance of winning your case.
Gathering And Analyzing Evidence
A skilled and experienced attorney can gather and analyze relevant evidence to help you challenge your charges. This could include subpoenaing witnesses who will testify before the court. Your lawyer can also secure the video of the police vehicle pulling you over and any accompanying audio recordings. For example, the police could allege that they pulled you over because your car did not have a front license plate. If this allegation is not proven, then the testimony of the police could be inadmissible, and your case could be dropped.
Find a DUI Attorney Near Me
It can be traumatic and intimidating to be arrested for a second DUI. A DUI arrest can threaten your future, freedom, and finances, especially if the court finds you guilty and ultimately convicts you. You must contact a competent Los Angeles DUI attorney to walk with you. We understand the implications of facing second-time DUI charges at Jonathan Franklin DUI Attorney. We will work aggressively to help you receive a fair verdict. Call us at 323-464-6700 and talk to one of our attorneys.
