Charged with a 2nd Offense DUI?
You Need a Skilled DUI Attorney to Help Keep You Out of Jail
Have you been arrested a second time for driving under the influence? If the arrest date happened within 10 years of the prior arrest date that resulted in conviction then you will be charged with a second offense DUI. A second offense DUI requires jail time and a mandatory license suspension if you are convicted. You need to contact a skilled DUI attorney that focuses on representing those charged with multiple offenses to fight the conviction and minimize the consequences. Contact Attorney Kellee Parker, Founder of Parker Law Center, immediately for a free strategy session at (800) 805-8804.
Possible Consequences of a Second Offense DUI:
A second offense conviction normally results in a combination of the following penalties:Custody: 96 hours to 365 days
- Probation 3 to 5 years
- $390 to $1000 plus penalty assessment fine ($2000 – $4000)
- SB-38 (18 month) alcohol program
- Work release
- Community labor
- Alcohol Monitoring
- Self Help Meetings
- MADD Victim Impact Panel
- Hospital and Morgue Program
- Ignition Interlock Device (IID)
- 2 year license suspension
- DNA Profile
The penalties for a second DUI are serious and require a substantial amount of custody time. Most notably, on a misdemeanor second offense conviction, you must serve a minimum of 96 hours in jail with a maximum of one year. Summary probation will likely be imposed for a period of five years. A second DUI offense conviction requires a fine ranging between $390.00 to $1000.00 plus penalty assessment and fees. A mandatory alcohol/drug education program will be imposed for a period of 18 months. You will be required to equip an IID in your vehicle for a minimum of one year under SB-1046. Furthermore, the Court may impound your vehicle for a period of 30 days. A second conviction can result in additional penalties: work release, alcohol monitoring, DNA sample, MADD Victim Impact Panel, and/or Hospital and Morgue program. Additionally, a license suspension of a minimum of two years will be imposed upon conviction. Under SB-1046, you can immediately apply for a restricted license with the installation of an IID in your vehicle.
Are there Alternatives to Jail?
If your case is dismissed or reduced to a charge other than a DUI then you will not be required to serve custody time. At times, your experienced DUI Attorney can get your matter reduced to a wet reckless, dry reckless, or exhibition of speed. Other times, the case can be dismissed all together based upon procedural errors.
If you cannot reduce your case or get it dismissed, are there alternatives to jail? Yes, while there is a statutory minimum requirement of 96 hours to one year in custody upon conviction, there may be alternatives to custody. An experienced DUI Attorney will argue your custody be converted to residential treatment, house arrest (secured electronic confinement), work release, alcohol monitoring, among other alternatives. Furthermore, some counties have specialized Court programs which if accepted allow you to stay out of jail (DUI Court, Military Diversion, Veteran’s Court, Mental Health Court, etc.). Your experienced attorney will know which programs are offered and advise you of all alternative options; your attorney will prepare motions to help keep you out of jail.
It is critical that you contact a qualified DUI Attorney today to review your options and start preemptively securing your request for alternative sentencing. There are a number of steps you should start voluntarily, prior to your case being filed, to help your attorney negotiate to convert your custody to alternative sentencing. Contact Kellee Parker today for a free strategy session at (800) 805-8804.
Will I Lose My License?
Should you have a prior driving under the influence conviction within ten years of the arrest date of the offense then the most recent arrest will be charged as a second offense. A second offense DUI has severe penalties associated with the charge resulting in a two year license suspension should you be convicted. Furthermore, if DMV has taken action via a prior conviction or a prior APS suspension then you will be facing a one year administrative license suspension triggered by the second DUI arrest. You only have 10 days to request an APS hearing to fight this initial license suspension; if you miss the deadline to request the APS hearing then your license will suspend 30 days following arrest. Should the APS hearing not be requested or if the suspension is upheld following the APS hearing, a one year administrative license suspension will be imposed. Under SB-1046 (only applies to those with an arrest date of January 1, 2019 or later) you can apply for a restricted license with the installation of an ignition interlock device (IID) in your vehicle. Please note, if you were deemed a refusal then your license would be revoked for a period of two years with no eligibility to apply for a restricted license
If you have been charged with a second driving under the influence offense, it is imperative that you contact an experienced DUI attorney today. A skilled DUI lawyer will be able to adeptly represent you at both the APS hearing and in Court. Attorney Kellee Parker, founder of Parker Law Center, is committed to providing comprehensive legal representation and protecting your rights. Contact Parker Law Center today to get the legal representation that you deserve!
