Los Angeles Second DUI Offense Attorney

Facing a second charge for driving under the influence (DUI) in California is a significantly more serious matter than a first offense. The legal landscape shifts dramatically, with prosecutors, judges, and the legislature placing a heightened emphasis on preventing repeat offenses. The potential consequences extend far beyond those of a first DUI, impacting your job, driving privileges, financial stability, and even your freedom. While the core elements of a DUI are defined within the California Vehicle Code, our skilled DUI attorneys will help you understand how sentencing procedures, probation terms, and various enhancements from both the Vehicle Code and the Penal Code intersect, which is crucial for navigating these challenging charges and building a robust defense.

The primary statute governing DUI offenses in California is Vehicle Code Section 23152. This section outlines two distinct ways a person can be charged with a DUI: driving a vehicle while under the influence of any alcoholic beverage and driving a vehicle with a blood alcohol concentration (BAC) of 0.08% or higher. A related statute, Vehicle Code Section 23153, addresses the more severe offense of DUI causing injury, which carries even harsher penalties.

When a second DUI offense occurs within ten years of a prior DUI conviction, Vehicle Code Section 23540 specifically dictates the minimum and maximum penalties. This section mandates stricter repercussions compared to a first offense, including mandatory jail time, increased fines, longer enrollment in DUI education programs, and an extended suspension of your driver’s license. However, the Vehicle Code is not the only body of law that governs a second DUI. Various aspects of sentencing, potential enhancements, and the terms of probation are also addressed within the California Penal Code.

In California, jury instructions for criminal cases, including DUIs, are standardized in the California Criminal Jury Instructions (CALCRIM) series. For a typical second DUI case charged under Vehicle Code Section 23152, the primary jury instructions are CALCRIM 2100, 2110, and 2111.

CALCRIM 2100 provides the foundational principles of reasonable doubt and the prosecution's burden of proof in a criminal case. It emphasizes that the defendant is presumed innocent and that the prosecution must prove every element of the crime beyond a reasonable doubt for the jury to return a guilty verdict. This instruction is critical as it sets the stage for all other instructions and highlights the high standard the prosecution must meet.

CALCRIM 2110 specifically addresses the charge of driving under the influence of alcohol. This instruction requires the prosecution to prove two elements beyond a reasonable doubt: first, that the defendant drove a vehicle, and second, that while driving, the defendant was under the influence of an alcoholic beverage. The instruction further clarifies the meaning of "under the influence," stating that a person is under the influence if their mental or physical abilities are so impaired that they can no longer drive a vehicle with the caution characteristic of a sober person using ordinary care. This is a subjective standard that focuses on the driver's ability to operate a vehicle safely.

CALCRIM 2111 addresses the separate but often related charge of driving with a blood alcohol concentration (BAC) of 0.08% or higher. To find the defendant guilty under this instruction, the prosecution must prove two elements beyond a reasonable doubt: first, that the defendant drove a vehicle, and second, that when they drove, the defendant's blood alcohol concentration was 0.08% or more by weight. This instruction also informs the jury that they may consider the results of any chemical tests, along with any expert testimony or other evidence about the relationship between the time of driving and the time when the BAC was measured. This is an objective standard based on the scientific measurement of alcohol in the defendant's blood.

In a second DUI case, the jury may also receive CALCRIM 2112, which addresses the issue of prior DUI convictions. Typically, the jury will not be informed of the prior conviction until after they have found the defendant guilty of the current DUI charge. However, the prior conviction becomes relevant during the sentencing phase and may also be relevant if the prior conviction is an element of a specific enhancement being alleged by the prosecution. The judge will instruct the jury on how to consider the prior conviction, emphasizing that it should only be used for the purpose for which it is admitted (e.g., to establish the "second offense" status for enhanced penalties) and not as evidence of guilt for the current charge.

A second DUI conviction in California generally remains a misdemeanor offense unless there are specific aggravating factors present, such as causing injury or death, having a very high BAC, or refusing to submit to a chemical test. However, even as a misdemeanor, the penalties for a second DUI are significantly more severe than those for a first offense and include mandatory minimums. The primary sentencing components include jail time, fines, probation, DUI education programs, driver’s license suspension, and the installation of an ignition interlock device.

Vehicle Code Section 23540 mandates a minimum of 96 hours (four days) of jail time for a second DUI conviction within ten years. However, the actual jail sentence can range up to one year in county jail. The specific amount of jail time imposed will depend on various factors, including the specific facts of the case, the defendant's BAC level, and any aggravating or mitigating circumstances. Judges do have some discretion to allow alternative sentencing options, such as work release programs or electronic monitoring, particularly if the defense can present compelling mitigating factors.

The financial penalties associated with a second DUI are also substantially higher than those for a first offense. While the base fine may range from a few hundred dollars to $1,000, the total financial obligation can easily reach several thousand dollars due to various penalty assessments, court fees, and other administrative costs. These assessments are mandated by law and significantly increase the overall financial burden of a DUI conviction.

California law requires individuals convicted of a second DUI to complete a longer and more intensive DUI education program compared to first-time offenders. While a first offense might require a three-month or nine-month program, a second DUI typically mandates completion of an 18-month or 30-month program. These programs are designed to address issues of alcohol abuse, provide education on the dangers of impaired driving, and encourage behavioral changes to prevent future offenses. Successful completion of these programs is often a condition of probation and may be required to reinstate driving privileges.

A second DUI conviction triggers a mandatory driver’s license suspension imposed by the California Department of Motor Vehicles (DMV). The typical suspension period for a second DUI is two years. However, after a certain period of suspension (usually 90 days), individuals may be eligible to apply for a restricted license. Obtaining a restricted license often requires the installation of an ignition interlock device (IID), enrollment in the mandatory DUI education program, and proof of insurance.

For a second DUI offense, California law generally requires the installation of an ignition interlock device on any vehicle the offender operates. This device requires the driver to blow into it, and the vehicle will not start if any alcohol is detected. The IID must be maintained and monitored for a specific period, often one to three years, and the offender is responsible for the costs associated with installation, maintenance, and monitoring. Compliance with the IID requirement is often a condition for obtaining a restricted license and eventually fully reinstating driving privileges.

Probation is a common component of a second DUI sentence in California, typically lasting for three to five years. During this period, the individual is subject to various terms and conditions, which may include abstaining from alcohol and drugs, submitting to random alcohol and drug testing, attending Alcoholics Anonymous (AA) or Narcotics Anonymous (NA) meetings, complying with search and seizure conditions, and not committing any further criminal offenses. Violating any of the terms of probation can lead to a probation violation hearing, and if the court finds a violation occurred, it can impose the suspended jail sentence or add new penalties, potentially including a revocation of probation and a return to custody.

While the penalties for a second DUI are structured, judges and prosecutors still consider aggravating and mitigating factors when determining the specific sentence. Aggravating factors can lead to harsher penalties, including the maximum jail sentence. Examples of aggravating factors include having a BAC significantly above 0.08%, speeding or reckless driving at the time of the offense, driving with a minor in the vehicle, causing an accident (especially one involving injury), and refusing to submit to a chemical test. In cases involving injury and certain other aggravating factors, a second DUI can even be charged as a felony, leading to the possibility of a prison sentence.

Mitigating factors, on the other hand, can potentially lead to a reduced sentence or alternative sentencing options. These factors might include the defendant voluntarily seeking substance abuse counseling, demonstrating a stable employment history, taking on community responsibilities, showing remorse for their actions, and having a limited prior criminal record beyond the first DUI. A skilled defense attorney will gather and present all available mitigating evidence to the court to argue for the most lenient possible outcome.

A criminal defense attorney specializing in DUI cases will thoroughly examine all aspects of the arrest and investigation to identify potential defenses. This includes scrutinizing the legality of the initial traffic stop, the administration of field sobriety tests, the procedures used in breath or blood testing, and the handling of evidence. Common defenses may involve challenging the probable cause for the stop, arguing that field sobriety tests were improperly administered or interpreted, questioning the accuracy or reliability of breath or blood test results, and alleging violations of the defendant's constitutional rights.

In a second DUI case, the prior conviction itself may also be subject to challenge. An attorney can investigate whether the prior conviction is valid for enhancement purposes. This might involve examining whether the defendant had proper legal representation in the prior case, whether the prior conviction was from another state with significantly different DUI laws, or whether there were any constitutional infirmities in the prior proceedings. Successfully challenging the prior conviction could potentially reduce the current charge to a first DUI for sentencing purposes, although this is often a difficult legal challenge.

Negotiating a plea bargain with the prosecution is another common strategy in DUI cases. By presenting a strong defense and highlighting weaknesses in the prosecution's case, a defense attorney may be able to negotiate for a lesser charge or reduced penalties. The specific approach will depend on the unique circumstances of the case and the willingness of the prosecutor to consider a compromise.

Beyond the direct criminal penalties imposed by the court, a second DUI conviction can lead to numerous long-term collateral consequences. These can include difficulty finding or maintaining employment, as many employers conduct background checks. A suspended driver’s license can severely impact a person's ability to commute to work, attend to family responsibilities, and perform everyday tasks. Insurance premiums are likely to increase significantly, and in some cases, insurance companies may even refuse to provide coverage. For individuals holding professional licenses, such as in law, medicine, or other regulated fields, a second DUI conviction can trigger disciplinary action from the relevant licensing board, potentially leading to suspension or revocation of their license. Non-U.S. citizens may also face immigration consequences as a result of a DUI conviction, which could affect their visa status or ability to remain in the United States.

Given the serious nature of a second DUI charge and the potential for significant penalties and long-lasting consequences, it is crucial to seek the assistance of an experienced criminal defense attorney as soon as possible. At Kraut Law Group Criminal & DUI Lawyers, Inc., we will evaluate the specifics of your case, explain your legal options, and develop a strategic defense tailored to your situation. They can advise you on whether to proceed to trial or negotiate a plea agreement and will advocate on your behalf to achieve the best possible outcome. An attorney familiar with the local courts and prosecutors in Los Angeles will have a valuable understanding of how these cases are typically handled and can use that knowledge to your advantage.

Time is of the essence in DUI cases. Following an arrest for a second DUI in California, you typically have only ten days from the date of arrest to request a hearing with the DMV to contest the automatic suspension of your driver’s license. Failing to request this hearing within the deadline will result in an automatic suspension, independent of the criminal court proceedings. An attorney can assist you in scheduling this hearing and presenting a defense to the DMV. Additionally, early involvement of an attorney allows for the prompt investigation of the case, including gathering witness statements, obtaining video evidence, and potentially filing pre-trial motions to challenge the evidence against you. Acting quickly can significantly improve your chances of a favorable outcome in both the criminal and administrative aspects of your case.

Facing a second DUI charge is undoubtedly a challenging experience, but it is important to remember that you have legal rights and options. With the guidance of a skilled and dedicated criminal defense attorney, you can navigate the complexities of the legal system and work toward protecting your future. By understanding the relevant Vehicle Code and Penal Code sections, the applicable jury instructions, and the potential sentencing components, you can be better prepared to face these charges and pursue the best possible resolution. Do not hesitate to seek legal counsel to explore your options and build a strong defense strategy.