Even in an instance where there were no injuries involved in the DUI, the courts see a second offense as an indication of a behavioral pattern and will definitely raise the stakes on a defendant. This where you definitely will need a good LA DUI attorney on your side.
The courts can decide (but usually don’t) to make the second offense a felony even in the case of a non-injury DUI. If there was property damage, for example, the court might decide that the DUI merits being a felony. Your Hollywood criminal attorney can help to keep this possibility from becoming a reality by mitigating the circumstances of the case and relating the incident from your perspective in such as way as to move the courts towards keeping the case a misdemeanor.
All of the same penalties as with a first-time DUI are still applicable, only this time the terms are broader and longer:
- Jail Time–the sliding bar moves from 48 hours to 6 months for a first offense to 90-120 day mandatory (but no more than a year).
- Fines–$390 to $1000.
- Vehicle Impound–vehicle can be seized and disposed of (yes, disposed of).
- Driving school–time in school is also raised to 18-30 months.
- Probation–this time you will be assigned a probation officer.
- Community Service–10 days are mandatory for a second offense as an alternative to jail time.
- License Suspension–2 year suspension.
As you can see the potential for jail time is quite high for a second offense. You will need a good lawyer, someone like me who has been on the other side of the court as a prosecutor, to help you get the lowest possible sentencing for your DUI conviction. The State of California takes DUIs very seriously. Even celebrities like Paris Hilton, Lindsay Lohan, and Nicole Ritchie saw jail time for their DUI offense. If you’ve been involved with a second offense DUI come see us today.
