Los Angeles Second Time DUI

Getting picked up for a DUI once is bad enough. But getting nabbed a second time? That’s a wake-up call folks. If you got popped for a DUI in LA recently, and it’s your second offense, you need to get smart on the law – like yesterday. Let’s break it down so you know what you’re facing.

Mandatory Jail Time

Unlike a first DUI, judges don’t have much leeway when it comes to jail time if it’s your second offense. The law says you’ve gotta do at least 96 hours behind bars. And it could be up to a year if the judge decides to lower the boom. Not cool. Here’s the deal according to California Vehicle Code Section 23540:

If probation is granted, it shall be a condition of probation that the person be confined in the county jail for at least 96 hours but not more than one year.

So even if the judge feels sorry for you and gives you probation, you’re still doing at least 4 days. Most judges stick to the minimum 96 hours for a second DUI offense. But not all. Some will hammer you with extra jail time if there are aggravating factors like:

• A traffic accident
• A high BAC level
• A minor in the car

The maximum is a year behind bars if the judge wants to really stick it to you. Not likely for a basic second DUI. But if you injured someone or had kids in the car while drunk? Don’t be surprised if the gavel comes down hard.

Fines

Hope you’ve been saving your pennies. Fines for a second DUI conviction can run between $390 to $1,000 plus penalties. The fines break down like this:

• $390 base fine
• $100 alcohol abuse education fee
• $100 alcohol testing fee
• Penalty assessments that can reach over $300

And that’s not all. The DMV will hit you with a $55 re-issue fee when they give you your restricted license back. Plus you’ll have the joy of super high insurance rates for years. Or not being able to get insurance at all. Getting Uber to drive you around gets old real fast.

License Suspension

Say bye-bye to your license for awhile. The DMV will suspend your license for 1 year if you’re convicted of a second DUI offense. No ifs, ands or buts on this one. They will suspend your license. But you may be able to get a restricted license after completing DUI programs and classes. We’ll get into that next.

DUI Programs

Second time around you’ll be looking at attending 18 months of DUI classes or alcohol programs. Sometimes even up to 30 months. This includes:

• 3 month DUI program
• 18 month alcohol education program

You’ll need to complete these programs before the DMV will give you a restricted license. So they kinda have you over a barrel. Finish the programs and you can drive to work. Don’t finish them and enjoy taking the bus everywhere.

Ignition Interlock Device

Even after you complete DUI programs, the DMV will make you install an ignition interlock device in your car. This breathalyzer won’t let you start the engine if you have alcohol on your breath. Expect to have it installed for 2 years. And it ain’t cheap. You’re looking at $75 installation fee plus around $75 per month in rental fees.

SR-22 Insurance

Finding car insurance after a DUI can be tough. Most insurance companies see you as high-risk. But the DMV requires you to have an SR-22 on file proving you have insurance before they’ll give your license back. It’s a catch-22 situation. An SR-22 form is a certificate from your insurance company showing you have liability insurance. Rates will likely double or triple for the next 5 years.

Probation

Probation is likely for 5 years on a second DUI offense. You’ll have regular check-ins with your probation officer. Miss an appointment or fail a drug test and you could be looking at jail time. Other typical probation conditions include:

• Random alcohol testing
• Community service hours
• AA meeting attendance

Break the rules and probation could get revoked. Then you’d be facing the rest of your original jail sentence.

Should You Fight It?

With so much at stake, should you fight a second DUI charge? Every case is different. An experienced DUI lawyer can review the details and advise you. If errors were made during your arrest, you may be able to get the case reduced or dismissed.

For example, if the traffic stop was illegal, the breathalyzer test was faulty, or your Miranda rights were violated, those could be grounds to fight. A good DUI attorney knows how to spot issues and build a strong defense.

Get an Attorney ASAP

If you’re facing a second LA DUI charge, time is of the essence. Call an attorney today for a free case review. An experienced lawyer can walk you through all your options. And advise you on the best defense strategy for your particular situation.

Don’t go it alone against the LA courts. Get an attorney in your corner and maximize your chances of the best possible outcome.