Have you been arrested for a second DUI charge in San Diego, CA? You could face tougher penalties than before, including additional fines, longer license suspensions, and a higher risk of imprisonment.
Navigating California’s DUI laws isn’t easy if you don’t have experience in this area. For over 14 years, Blair Defense Criminal Lawyers has helped people understand their rights and options after a second DUI arrest.
Call our law office today at (619) 357-4977 to schedule a free consultation with a San Diego 2nd-time DUI lawyer.
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Why Choose Blair Defense if I’m Arrested for a 2nd-Time DUI in California?
Facing a second DUI charge in San Diego, California, can be frightening. Fortunately, you don’t have to go through the criminal process on your own. Our San Diego criminal defense attorneys are here to give you the best chance at fighting the charges.
People trust Blair Defense because:
- We bring over a decade of experience handling criminal matters in the area.
- Members of our legal team have been recognized by Super Lawyers, the Multi-Million Dollar Advocates Forum, and The National Trial Lawyers “Top 40 Under 40.”
- We have over 100 five-star reviews on Google.
Before talking to the police or taking any steps, you need to reach out to a criminal defense lawyer.
Schedule a free consultation with our San Diego DUI attorneys.
Overview of a 2nd-Time DUI in California
If you’ve been arrested and convicted of driving under the influence (DUI) in the past ten years and are arrested again for DUI, this is considered your second DUI for purposes of sentencing enhancements.
Police can arrest you if your blood alcohol concentration is 0.08% or above while driving or if you were under the influence of other substances that impair your ability to drive. You can also face a second DUI if your BAC is under .08, but your ability to drive safely is impacted.
What Are the Penalties for a 2nd-Time DUI in San Diego, California?
If you’re facing a second DUI charge in San Diego, it’s understandable to feel nervous. California law imposes significant penalties. These consequences will follow you for years, so knowing what to expect can make the process just a little less confusing.
Jail Time
A second-time DUI in California almost always comes with a jail sentence. At a minimum, you’ll face 96 hours in county jail. Depending on the details of the incident, that could increase to one year.
Probation
In addition to jail time, you may also be sentenced to probation, which can last from three to five years. While on probation, you’ll have to meet with a probation officer, undergo drug and alcohol testing and treatment, and follow any other conditions the court or your probation officer puts on you.
Mandatory DUI School and Required Programs
Anyone convicted of a second DUI must complete DUI school. This is an intensive program that lasts typically 18 months. The court may also order you to attend meetings with AA, NA, or other meetings.
Fines and Financial Costs
There’s a considerable financial impact as well. Fines range from $390 to $1,000. Once court assessments and fees are added, the total for most people increases to nearly $2,000. If an accident was involved, you could also owe restitution to anyone harmed.
Ignition Interlock Device
For at least one year, you’ll need to install an ignition interlock device (IID) on any vehicle you drive. These devices don’t allow your car to start if you’ve been drinking. Most people need to pay out of pocket for installation, monthly fees, and ongoing maintenance.
Aggravating Factors That Lead to More Severe Penalties
Certain aggravating factors can add extra punishment on top of the standard sentence. A high blood alcohol level — 0.15% and higher — will increase penalties. Additionally, if you refused a DUI chemical test, caused an accident, or had someone under 14 in the vehicle, you’ll face increased consequences.
A second DUI brings harsher penalties, so make sure you speak with a criminal defense lawyer as soon as possible.
What Defenses Can Be Raised if I’m Arrested for a 2nd-Time DUI?
Facing a second DUI is overwhelming, but you have ways to defend yourself. Some common strategies your lawyer might take include:
Disputing the Validity of Your First DUI
Criminal histories aren’t always accurate, or sometimes the prosecution doesn’t interpret them properly. If your first DUI didn’t end in a conviction or it occurred more than 1ten years ago, your lawyer can argue that this is your first DUI for sentencing purposes, reducing the penalties you will face.
Challenging Why You Were Stopped
Police need a legitimate reason to stop your vehicle. If they don’t have one, your lawyer can file a motion to suppress and have any evidence obtained as a result of the stop thrown out.
Attacking the Results of Breath Tests
Machines such as breathalyzers require regular maintenance and proper use to function accurately. Inaccurate results may happen if the device was not maintained according to guidelines or administered by someone untrained.
Negotiating a Plea Deal
Sometimes, it makes sense to plead guilty if the prosecutor is willing to reduce the charge you’re facing or give you a more lenient sentence.
Facing repeat DUI charges is stressful, but there are always ways to defend yourself. Don’t give up hope if you find yourself facing a second DUI.
No one wants to find themselves dealing with DUI charges again. The stakes are higher, and the choices you make now can impact your future for a long time. We have the expertise to approach these cases effectively, having handled them for over a decade. If you’re facing a second DUI and don’t know what to do next, help is within reach.
Call Blair Defense Criminal Lawyers to schedule a free consultation with our San Diego 2nd-time DUI attorneys.