What Consequences am I facing for my Second DUI in Orange County? [CVC 13352(a)]

By: Wallin & Klarich

A second DUI conviction in Orange County with a prior DUI in the past 10 years can carry serious consequences, including up to 5 years probation and up to one year in Orange County jail.
If you face a second time DUI, the most difficult potential consequence is the loss of your California Driver License. If you were convicted of DUI or wet reckless once, and you get convicted of DUI again within 10 years, the new conviction triggers a two-year suspension of your California Driver License. See VC sec. 13352 (a) (3). However, if you get the new DUI charge reduced to reckless driving, exhibition of speed, or some offense other than DUI, you can avoid this court-triggered license suspension.

If your blood alcohol measured .08 or higher, or if you refused to submit to a BAC test, the DMV will also seek to impose its own one-year driver license suspension after your second-time DUI offense. This administrative suspension is separate from the Orange County court-triggered suspension. However, even if you suffer both suspensions, the total suspension period can not exceed two years.

You have a right to a DMV hearing to contest the administrative suspension. At the hearing, you can challenge the suspension and can be represented by an Orange County DUI defense lawyer, like the skilled attorneys at Wallin & Klarich. If you win the DMV hearing, no administrative suspension is imposed. If you lose the DMV hearing, the two-year administrative suspension is imposed.

It is important to have a skilled lawyer representing you at both, the criminal hearing and the DMV hearing. If you were arrested for a second time DUI, you must do two things to avoid the one or two-year suspension of your California Driver License. First, you must avoid being convicted of DUI in court (or you must at least get the DUI charges reduced). Second, you must win your DMV hearing. If you fail either of these, the DUI will cost you your driving privileges in California.

There are many factors that determine the outcome of a criminal case. Having a highly skilled Orange County DUI Defense attorney is vital in making sure you get the best possible result in your case. The attorneys at Wallin & Klarich have been helping those charged with DUIs in Orange County win their cases for over 30 years. You can call us at 888-280-6839 or visit our website www.wklawdui.com. We will be there when you call.

Posted In: DUI & Drunk Driving