2ND DUI CHARGES ARE SERIOUS
Even with stricter laws, stiffer penalties and continued preventative efforts, driving under the influence (DUI) of drugs or alcohol remains a common offense in California. If you’ve been charged with a second DUI, it’s essential to know that:
- Unfortunately, DUI charges remain active on your record for ten years.
- So even if it’s been quite a while since your first DUI offense, the judge will treat your second DUI as a second offense.
This means harsher penalties in the forms of:
- Larger fines
- Longer jail time
- Requirements for counseling, therapy or education
If you’ve been charged with your second DUI, understanding your rights is paramount to the outcome of your case. Our goal as an experienced DUI lawyer in San Diego is to provide you with the legal knowledge you need to make informed choices throughout the legal process. We’ll help you develop an outstanding defense strategy that will give you the best chance of avoiding a conviction.
WHAT HAPPENS IF YOU’RE CONVICTED OF A 2ND DUI?
A 2nd DUI is typically a misdemeanor as long as no one was injured, and no great amount of property was damaged. If convicted of a misdemeanor DUI, the judge will sentence you to jail time. In San Diego, jail time ranges from 96 hours to a whole year. On rare occasions, that jail time can be converted into house arrest or work service programs.
- You will also need to pay fines.
- Fines for a second DUI are usually $1,000. But additional fees and “penalty assessments” will increase the financial burden.
- After a second DUI in San Diego, you’ll face three to five years of probation.
- You’ll need to attend an 18-month DUI school and a two-year license suspension.
- For drug-related DUIs, the offender must complete 12 months of license suspension before being eligible for a restricted license.
- You will lose your license for a year if you’re convicted of a second DUI.
It’s important to recognize that other portions of your life might change after your 2nd DUI as well.
HOW WILL A 2ND DUI AFFECT YOUR LIFE?
Remember your first DUI? Chances are you felt embarrassed. It was a stressful time, both emotionally and financially. It likely affected your employment, your romantic life and possibly even your marriage. It was undoubtedly expensive. A 2nd DUI will be like that, but FAR WORSE. The fines are stiffer, the education programs and probation are longer, and the impact on your financial life will be long-lasting.
- Remember, you’ll almost certainly lose your driver’s license for a full year.
- Losing your driver’s license may affect your employment opportunities.
- Some individuals: like CDL drivers, outside sales reps, livery drivers, or rideshare drivers might find it hard to earn a living after their 2nd DUI.
Eventually, when you’re able to drive again, you’ll pay much higher premiums for car insurance. You’ll lose your California Good Driver Discount of 20%. Plus, your 2nd DUI will stay on your driving record for ten years.
As your work life and commuting methods change, you will find it challenging to make scheduled appointments. If you need regular medical treatments or follow a custody / visitation schedule, a second DUI can be tragic. While modern transportation apps like Uber and Lyft make it a little easier than taking a bus everywhere in San Diego, know that you’ll be paying out-of-pocket every time you need a ride.
But perhaps the most significant reason San Diego residents choose the DUI professionals at Superior Law Center for their diligent defense is to avoid jail time.
“WILL I GO TO JAIL FOR MY 2ND DUI?”
Yes. In California, you will go to jail if you are convicted of a 2nd DUI within ten years of the first.
It’s a common question we get asked. Have no doubt that you will go to jail if you are convicted of a second DUI anywhere in “The Golden State.”
If it’s been more than ten years since your first DUI, you may still face some jail time. It should be treated as a first infraction, however. The sentence will likely be minimal — perhaps only a few days.
IS THERE ANY WAY TO AVOID JAIL AFTER A 2ND DUI?
If this is your second DUI, you’ll almost certainly spend some time in jail.
Rarely, a judge might allow for special situations like work programs or house arrest. But those situations are few and far between. These aren’t handed out lightly by San Diego judges. If you’re looking to avoid jail time for your 2nd DUI, you’ll need an experienced, aggressive DUI lawyer.
"Eric is very good at being your voice in the field of law. If you need some that is responsible, when it come to taking care of your legal needs. This lawyer has gone the extra mile for me and so has the great people he works with. I thank you."
We also offer little or no money down, and offer affordable payment plans to those who need help. At Superior Law Center, our experienced San Diego trial lawyer will use the best defense strategies possible to protect your innocence and your future! ALL of your rights will be protected immediately, and we will NOT stop until we have secured your freedom and gotten the BEST possible outcome for you or your loved ones.
Often times, we can stop police investigations before you EVER get charged with a crime. (If you have NOT been formally charged, read more about pre-file investigations.)