What Happens After a 2nd DUI?

If you are charged with a second DUI, you’ll face several penalties. That is why you need to count on the legal services of a DUI defense attorney as soon as possible.  They can look at the factors of your case and help you experience better results during a stressful time.

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Penalties for a 2nd DUI

Penalties include:

• Jail time – You’ll spend at least 96 hours in jail – up to a year.
• Probation – This form of passive supervision lasts three to five years.
• Fines – If applicable, you can be charged from $390 to $2,000, plus additional fees.
• DUI program – As much as 30 months of a court-imposed DUI program, including education, community service, counseling, and check-ins.
• Driver’s license suspension – One to two years of driver’s license suspension.
• Ignition interlock device (IID) – A mandatory installation of an IID to detect alcohol on the driver’s breath, preventing the car from starting if a detection is made.
• Car insurance – Rates for car insurance can escalate to premiums that are three to five times higher – as long as five years after a second DUI.

What you’ll face in penalties depends on the factors of your case and what a judge decides. For example, a judge may order a rehabilitation program instead of jail time if the defendant makes a commitment to recovery.

You can request a restricted license if you need your car for work or medical appointments. This can occur if you prove you completed a DUI treatment program.

In-Depth Knowledge of Enhanced Penalties

One of the biggest benefits of working with an experienced DUI attorney is their knowledge of local and state laws and enhanced penalty systems for repeat offenders. Some states treat second DUIs within 10 years considerably more harshly than first offenses. While a first-time offender might get 48 hours in jail, a second offense requires a minimum of 96 hours of jail time, up to a year.

DUI attorneys know judges have considerable discretion within these parameters and, therefore, know how to advocate on their client’s behalf.

They know which factors judges consider when sentencing and can present mitigating circumstances convincingly and effectively. This might include underscoring the defendant’s commitment to rehab, what they do for a living, and the time they spend with their family—all of which can more positively influence the court’s decision.

Technical Knowledge of BAC Testing

An experienced DUI attorney knows the technical details of blood alcohol testing and its pitfalls. This knowledge is especially important in second-offense cases where prosecutors will push for maximum penalties. Attorneys know the science behind breath and blood testing, including:

• The margin of error in breathalyzers
• The maintenance and calibration requirements for testing equipment
• How medical conditions affect test results
• The proper ways to store and handle blood samples
• Chain of custody for blood samples

This technical knowledge allows attorneys to find problems with the evidence against their clients. For example, they might realize that a breath test was administered incorrectly or blood samples weren’t preserved properly, invalidating the results.

Understanding of Administrative Procedures

Beyond the criminal aspect of a DUI case, attorneys understand the Department of Motor Vehicles (DMV) administrative procedures. The DMV suspends the driver’s license for two years for a second DUI.

However, an experienced attorney knows how to minimize the impact.

Requesting a DMV Hearing

A lawyer knows to request a DMV hearing within 10 days of the arrest and exactly what evidence to present to renew some driving privileges. This might include:

• Showing the need to drive to work
• Arranging for an Ignition Interlock Device (IID)
• Proving the completion of alcohol education programs
• Demonstrating ongoing treatment or counseling

An attorney’s knowledge of these procedures can help clients get limited driving privileges, which is important for work and family responsibilities.

Knowledge of Alternative Sentencing

One of the biggest benefits of a DUI attorney’s skills is their knowledge of alternative sentencing options, especially for second offenses. They know the programs available in different areas and which judges are more open to alternative sentencing. These might include:

• Intensive outpatient programs
• Residential rehab facilities
• Work release programs
• House arrest with electronic monitoring
• Community service alternatives

Attorneys know how to present these alternatives to satisfy the court’s need for punishment and rehabilitation while minimizing the impact on their client’s life.

Negotiation Skills and Prosecutor Relationships

DUI attorneys have developed relationships with local prosecutors and know their preferences. This is especially valuable in second-offense cases where prosecutors are tougher on the crime. Skilled attorneys know:

• Which prosecutors will negotiate
• What evidence will influence which prosecutors
• What alternative sentences will certain prosecutors consider
• How to time the negotiation for maximum impact

These relationships and knowledge of prosecutorial preferences can get better plea deals or alternative resolutions.

Constitutional Rights and Search and Seizure

DUI attorneys have in-depth knowledge of constitutional rights and search and seizure laws. This is especially important in second-offense cases where law enforcement officials are typically more aggressive. They know:

• The requirements for a legal traffic stop
• The proper procedure for field sobriety tests
• Rights regarding chemical testing
• Miranda rights requirements
• Proper search procedures for vehicles and persons

This knowledge allows them to find constitutional violations that can lead to evidence suppression.

Local Court Procedures and Preferences

Each courthouse and judge has their own procedures and preferences. DUI attorneys who practice in specific areas know these subtleties that can make a big difference in the outcome of a case. They know:

• Which judges are more lenient or tough on second offenses
• Local court rules and procedures
• Specific requirements for different programs or alternative sentences
• How different judges view different mitigating factors

Life Consequences

DUI attorneys also understand that a second DUI can have long-term consequences beyond immediate criminal penalties. They can advise clients on how to minimize the impact on:

• Professional licenses
• Employment opportunities
• Insurance rates and availability
• Immigration status
• Child custody arrangements
• Future educational opportunities

This knowledge allows them to develop strategies that address a case’s immediate legal issues and the long-term consequences of a conviction.

Risk Assessment and Case Analysis

DUI attorneys have handled many cases and know how different factors affect outcomes. They can assess:

• The strength of the state’s evidence
• The likelihood of a conviction at trial
• The sentencing range
• The success of different defense strategies
• The pros and cons of different plea options

Contact a DUI Criminal Defense Lawyer Now

If you’ve been arrested for a second DUI, you need to count on the skills of a competent criminal DUI defense attorney. Schedule a consultation and case review now. Contact a criminal defense law firm in Burbank, California today.

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