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September 2, 2017 | admin What are the Potential Consequences of a Second Offense Los Angeles DUI?
You are deemed guilty of a DUI in California if you operate a vehicle:
- With a BAC (blood alcohol concentration) of .08% or more, also known as “per se” DUI
- While you are under the influence of drugs, alcohol, or both
What About a Second Offense DUI?
In most cases, a DUI is deemed to be a “second offense” if you already have a prior DUI conviction which took place within the last ten years. The conditions for a second DUI offense are found under the California Vehicle Code §23152. Consider this example to understand the meaning of this concept.
David is charged and pleads guilty to a DUI in 2012. In 2014 he is stopped again for a DUI. This time, the prosecutor tells him that if he were to plead guilty, he would accept a plea bargain. In this case, the court deems this to be a 2nd offense because the conviction happened ten years within a previous one.
On the other hand, in 2000, Joseph is rendered guilty for a DUI. In 2014, he is charged again with a DUI. Since Joseph’s first DUI happened over ten years ago, the 2014 offense is not deemed to be a 2nd offense. In this case, John will be charged as though he was committing the offense for the first time. However, this does not prevent the court from considering a prior DUI.
What Are the Penalties for a Second Offense DUI?
A 2nd Offense DUI is considered to be a misdemeanor. If you are convicted of a second-offense DUI, you face a compulsory jail time of between 96 hours and one year. In some cases, the court may convert jail time to work service or house arrest.
Fines for a 2nd Offense DUI also range between $390 and $1,000. However, a series of penalty assessments and fees will increase the money that the offender will pay. 2nd DUI penalties include 3-5 years probation, 18 months in DUI School, and a license suspension for two years.
The range for a prison sentence, probation, and fine vary depending on the case in question. In some cases a person may be required to serve additional time in jail, or pay a higher fine, or perform work service to compensate for the fine. There are also options like alcohol monitoring and house arrest. However, these options are considered upon request and depending on the discretion of the judge.
It is also worth noting that unlike other crimes where you do not get to face any penalties unless you are convicted of an offense, either by being found guilty or entering a plea, with DUIs if you are arrested for a DUI, you face administrative consequences. This means, regardless of whether you are convicted or not, your license will be suspended and you will be eligible to pay fees.
Administrative consequences are governed by the “California Department of Motor Vehicles”. For example, if David is found driving with a BAC that is below .08%, and he had been convicted or his license had been suspended in the last ten years, DMV will suspend their license for a year. The suspension extends to two years if David refuses to take a chemical test which is in violation of the implied consent laws.
What is a DUI Expungement?
If you are convicted of a second DUI offense, you need to consider expunging your record if you have already complied with your probationary requirements. Expungement should be considered in light of future education applications, job opportunities, and rental situations.
Expungement means that the record showing you were convicted of a DUI will be erased from public records. For example, if after serving his probationary and sentence requirements, David files for an expungement, if the court rules in his favor, it will be as though he had never committed a DUI offense.
A second DUI offense is a serious misdemeanor that could see you face jail time if you fail to take it seriously. If you are facing a second DUI offense, it is advisable to consult a lawyer to determine your options. With a good defense lawyer, you are probably likely not to face jail time but go through probation, community service, reduced sentence and penalties, and even an expungement of your record.