There are a number of severe punishments associated with a second DUI, a violation of California Vehicle Code (VC) Section 23152.
If the second DUI happened within 10 years of a separate DUI or reckless driving charge that resulted in a conviction, you face imprisonment in county jail for up to one year and a fine ranging between $390 and $1000. See VC 23540.
Also, if you are convicted under VC 23152, the DMV will suspend your license for two years. See VC Section 13352(a)(3).
You will be put on probation (CVC 23600) for 3 to 5 years, requiring, among other things, that you do not drive a motor vehicle with ANY measureable amount of alcohol in your blood.
The court will also require you to complete either an 18 month or 30 month driving-under-the-influence program.
If you are on a path to become a lawyer, a second DUI will put your admission at risk, since the conviction would put your moral character into question.
The Prosecutor’s burden in a DUI case
To prove that the you were driving under the influence of a drug or alcohol, the prosecution must prove that
- You drove a vehicle; AND
- As a result of drinking an alcoholic beverage or taking a drug, your mental or physical abilities were such that you no longer were able to drive a vehicle with the caution of a sober person, using ordinary care.
California DUI Attorney
An aggressive Wallin & Klarich attorney can help to lessen, or entirely avoid, the severe consequences that could result from a second DUI charge. Wallin & Klarich attorneys are well-versed in DUI defense strategies. After a close examination of the case, your Orange County DUI attorney can oftentimes raise viable defenses or persuade the prosecutor to lessen your punishment. For example, if the prosecution cannot prove that you were driving, the charges will likely be dismissed or you will be found not guilty at trial. If you or a loved one is facing a second DUI charge, call an experienced Orange County DUI attorney at (888) 280-6839 for a phone consultation. With offices located in Orange County, Los Angeles, San Diego, Riverside, San Bernardino, Ventura, West Covina, Victorville, Torrance, and Sherman Oaks there is a Wallin & Klarich attorney available wherever you happen to live. We will be there when you call.