Were you recently arrested for a second
DUI offense in Orange County, California? If so, it’s important that
you understand what you’re up against. Assuming no one was injured
or killed as a result of your drunk or
drugged driving, you should be facing misdemeanor penalties.
In California, most first, second, and third DUIs are prosecuted as misdemeanors,
unless the DUI defendant seriously injured or killed another person as
a result of the DUI incident. So, if this is your second DUI offense and
it did not involve injuring another person, such as your passenger or
another driver, you should be charged with a misdemeanor DUI.
California DUIs are Priorable Offenses
California DUIs are considered “priorable offenses.” This means
that after a first DUI offense, each subsequent DUI will lead to enhanced
penalties. Even if your first DUI was pleaded down to a “wet reckless” it will still count as a prior DUI for sentencing and penalty purposes.
The general penalties for a second DUI include:
- Community service
- A two-year driver’s license suspension
- Up to $2,800 in fines and court fees
- Ignition Interlock Device (IID) requirement
- A minimum jail sentence of 96 hours
- DUI School for 18 months
When a DUI defendant is placed on probation, they will have to abide by
a number of conditions, for example, they cannot drink and drive with
any measurable alcohol in their system, and if they are ever pulled over
by a police officer and asked to submit to a chemical test, they must take it.
If a probationer violates any of the terms of their probation, the probation
can be revoked and the probationer can be sentenced to jail. Common
probation violations include failing to complete DUI School, failing to complete
the court-ordered community service, and failing to pay all of one’s fines.
Orange County DUI Defense Attorney
If you are facing criminal charges for a second or subsequent DUI offense,
we urge you to
contact the Law Offices of Virginia L. Landry, Inc. to schedule a
free consultation. The sooner you hire experienced legal counsel, the greater your chances
of achieving a favorable outcome in your case!