Is a Second DUI Charge Harder to Defend than a First Offense?
Not really. The prosecution still has the same burden of proof as the first time. A lot depends on the evidence against you. An experienced DUI defense lawyer can help. Hiring the right lawyer can make a difference between a lot of jail time, a favorable outcome, or even a complete dismissal.
But, of course, the stakes are definitely higher the second time around.
At Coffey and Coffey, we deal exclusively with Orange County DUI and criminal matters. That means that we are in Orange County courts every single day. We know which court to get your case into, and we know which judges that you defiantly need to avoid. Certain Judges and certain D.A.S look less favorable on second DUI’s than do others. Contact us and schedule a free appointment and let us help you choose the best possible strategy to defend your case.
California Second DUIOffense Penalties& Potential Sentences
- Mandatory jail time of 96 hours
- months DUI school
- years driver’s license suspension
- Fines, fees, and costs
- 3-5 years court probation
Second DUI Convictions are usually accompanied by fines. Some courts allow people to work off part of this fine with community service. A fine can range from $390 to $1,000. There are also additional court fees. Altogether you may end up paying up to $1,800.
In Orange County, a second DUI conviction will likely result in a driver’s license suspension. This means that you may not drive for any reason for a period of time (often 12 months). The offender may be allowed a restricted license after one year, which means he or she may drive to and from work. An ignition interlock device will also be required in the offender’s vehicle. No driving privileges will be given back until the Department of Motor Vehicles receives proof of completion of DUI education.
Note that there may be special circumstances or aggravating factors that will significantly increase in the penalty of a second DUI offense. Some of these circumstances include having a child in the car, driving over the speed limit, driving with a suspended driver’s license, a very high blood-alcohol level or an accident.
The prosecution has the same problematic burden to prove the second offense as they did the first. The burden of proof is on them and the right defense lawyer can make all the difference. However a second DUI conviction certainly has tougher penalties than the first. Don’t take chances with your freedom. Contact an experienced DUI attorney immediately if you are facing a second DUI charge. Coffey and Coffey deals exclusively with Orange County DUI and other criminal matters. Call to schedule a free consultation at (800) 706-7888.