Can a Second DUI Be a Felony?

Are you charged with driving under the influence (DUI) in Orange County for the second time? Let’s say you were convicted of DUI five years ago, you paid your fines, completed your classes and the three years’ probation. Now, five years later you were involved in a minor collision and the police were called to the scene.

The officer asked you if you had anything to drink before driving, your answer was “yes” and you blew 0.14%. What penalties are you up against now? We don’t have a definitive answer to this question because it depends on several factors, such as:

  • Which court you go to,
  • The details of your previous DUI conviction, and
  • If anyone was injured in the DUI accident.

Since you had one prior five years ago, if you were convicted on the new charge, you could reasonably expect mandatory jail, a one year license suspension, an ignition interlock device (IID), MADD classes, and an 18-month alcohol program.

Will I Be Charged with a Felony?

In California, most first, second and third DUIs are misdemeanors, unless bodily injury or death is involved. Assuming your first DUI was a simple misdemeanor, and no one was injured in this current accident case (property damage only), you should be facing misdemeanor charges.

However, if the current DUI accident involved serious bodily injuries, there would be a strong possibility that you would face felony charges. With the level of injury in question, we cannot give you a definitive answer.

Since there was an accident, you can expect the prosecutor to ask for more jail and Caltrans work. Hopefully, you were fully insured at the time of the accident and you’ve paid the restitution.

Note: If you didn’t contact the DMV within 10 days of the arrest, your license will be suspended! However, the suspension may be reversed if you’re found “not guilty.” If you did request the DMV hearing, you will learn more at the upcoming hearing.

Second DUIs are Not DIY Cases

You should immediately retain an Orange County DUI lawyer from the Law Offices of Virginia L. Landry, Inc. A second DUI is not a DIY case, especially when there has been a traffic accident.

If you haven’t already, we strongly suggest that you enroll in AA meetings and get a signature card for proof, as this will help your case. If you plead guilty then you will be found guilty and you will be sent to jail. All the more reason to contact our firm and fight!

Call our office today to discuss your options during a free case evaluation!

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