Second Offense Misdemeanor DUI Defenses & Consequences That Could Follow
A second offense misdemeanor DUI is typically alleged as a violation of Vehicle Code section 23152 (a) and (b) - along with a special allegation that the person suffered a prior DUI conviction. If a person has previously been convicted of a DUI or "wet reckless" before, and the arrest for the prior offense occurred less than 10 years before the new DUI arrest, then the person is most likely up against a second offense DUI charge.
Defenses to Second Offense DUIs
For over 30 years our firm has defended thousands of DUI cases. Our firm wrote the leading treatise on DUI defense used by DUI attorneys across the country. We have obtained countless not guilty verdicts in DUI trials, including serious felony DUIs, and have obtained dismissals on even more DUI cases before trial.
There are many defenses that may be applicable to your case. You can learn more about drunk driving defenses here.
Bartell, Hensel & Gressley's team of DUI attorneys have offices in Temecula and Riverside. Bartell, Hensel & Gressley's DUI lawyers are happy to meet with you at any time to discuss the potential defenses in your case. We defend cases primarily in Riverside and San Bernardino County, Orange County, but also Mammoth DUIs, Victorville DUIs, and more.
Potential Punishments for Second Offense DUI
A second offense DUI carries a maximum punishment of a $1,000.00 fine and 12 months in jail. Second offense misdemeanor DUIs can come with an actual jail sentence. But if there is any custody time imposed, it can typically be arranged to serve the time on house arrest or on a work release program. The fines are also often significantly higher than $1,000.00 once penalty assessments and court fees are added in.
Potential License Suspension for Second Offense DUI
Persons facing a second offense DUI arrest may have their driving privileges suspended two separate ways. First, the DMV will automatically suspend a person's driving privilege for 12 months thirty days after a DUI arrest unless the driver requests a hearing with the DMV within 10 days of the date of the arrest. This DMV hearing is wholly separate from any court proceedings. Secondly, a person can also lose their license if they are convicted of second DUI in court. Upon a conviction for second offense DUI, the court notifies the DMV of the conviction, and the DMV will impose a 24 month suspension.
Restricted License Options for Second Offense DUI
Second offenders are eligible to get back on the road before the suspension period is over. There are two options to get back on the road. The first option is that a driver can serve 90 days of the 24 month suspension, enroll in a 18-month DUI class, obtain a SR22, and install an Ignition Interlock Device in all of their vehicles, and then the DMV will reissue a non-restricted license. As a second option, a driver can sit out 1 year of the 24 month suspension, and then apply for a restricted license after enrolling in the 18-month class and obtaining a SR22.
Who You Hire Makes the Difference
Bartell, Hensel & Gressley has defended thousands of DUI cases, and our lawyers train other attorneys across the nation on DUI defense. Our firm wrote the leading treatise on DUI defense, which is used by lawyers across the country. Who you hire can make all the difference in your case. Call us today at (951) 788-2230 to get our team of DUI lawyers on your case.
Bartell, Hensel & Gressley has offices in Temecula and Riverside, and practices throughout Riverside, San Bernardino, Rancho Cucamonga, Murrieta, and Orange County.