If you’re arrested for a second offense DUI in California, the best advice we can give you is to call a lawyer.
California has a 10-year lookback period. That means any DUI arrest within 10 years of a first DUI or wet reckless conviction is considered a second offense. It doesn’t matter whether it’s one or nine years later—you’ll face harsher penalties.
By reaching out to a San Diego second DUI lawyer, you have a better chance of avoiding a conviction.
The Law Office of Mark Greany will fight hard to win a reduction, dismissal, or acquittal.
Depending on the circumstances, he may fight for you to receive the treatment you need to overcome alcohol use disorder instead of sitting in jail.
Call Mark Greany at (858) 531-6387 or send us your information through our online form to schedule your free consultation.
What Is a Second DUI in California?
Under California Vehicle Code §23152, the police can arrest you for a DUI if you drive:
- – Under the influence of any alcoholic beverage;
- – While your blood alcohol content (BAC) is 0.08 or higher;
- – While addicted to the use of any drug;
- – A commercial vehicle with a BAC of 0.04 or higher;
- – Under the influence of any drug; or
- – Under the combined influence of alcohol and drugs.
A second California DUI is any alcohol or drug-related DUI arrest within 10 years of your first DUI conviction. If you plead your first DUI down to a wet reckless (reckless driving involving alcohol or drugs), that counts as a first DUI conviction.
If you aren’t sure whether your recent arrest counts as a first or second DUI, give the Law Office of Mark Greany a call. We’ll calculate the lookback period for you.
What Happens After a Second DUI in California?
Once you’re arrested for a DUI, the police officer will book you into jail.
They will ask you to submit to a breath test, and under California’s implied consent law, you must submit or be penalized. If you refuse, the Department of Motor Vehicles will suspend your driver’s license.
The DMV also suspends your license if you take the test and:
- – You are on DUI probation and had any alcohol in your blood;
- – You were driving a commercial vehicle and had a BAC of 0.04 or higher; or
- – You were at least 21 years old and driving a personal vehicle and had a BAC of 0.08 or higher.
If you refused to take the test, a first refusal is a one-year suspension while a second refusal is a two-year suspension. Add a year if you were on DUI probation. If you were over the legal limit during a second DUI arrest, you would face a one-year license suspension.
The officer will give you an Order of Suspension/Revocation and a temporary driver’s license, which is valid for 30 days.
You have 10 days from the date you receive the order to ask for an administrative hearing about the driver’s license suspension. This is one reason to contact a San Diego DUI lawyer immediately.
What Is the Penalty for a Second DUI in California?
A second DUI is a misdemeanor like a first-time DUI in California, but it comes with harsher penalties.
If convicted, you face:
- – Up to five years of summary probation;
- – A mandatory 96 hours and up to one year in jail;
- – Thousands of dollars in fines, court costs, and fees;
- – An 18 or 30-month DUI education course;
- – Mandatory installation of an ignition interlock device for one year; and
- – License suspension for up to two years (separate from your civil license suspension).
Other possible penalties include paying restitution to victims of a drunk driving accident, participating in a Mothers Against Drunk Driving Victim Impact Panel, receiving drug or alcohol treatment, or community service.
Keep in mind that these are the minimum or maximum possible penalties. Your potential sentence depends on numerous factors, including the strength of your defense.
Even if you believe you’ll be convicted or accept a plea deal, a San Diego DUI lawyer can help you lessen the consequences of a conviction.
Hire a DUI Lawyer to Defend You
It’s possible to vigorously defend against a second DUI in California. The best way to do that is to work with an experienced San Diego criminal defense attorney like Mark Greany.
He has a network of investigators, toxicologists, and other professionals who can help build your defense or devise a creative solution to your case.
Above all, he focuses on helping you avoid incarceration. You can reach out to the Law Office of Mark Greany online or at (858) 531-6387.
Mark Greany
Mark Greany has been practicing law since 1995 and is the founding partner of the Law Office of Mark Greany. You can learn more about Mark and his accomplishments by clicking here.
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