Second Offense DUI

Free Criminal Case Review at 888-579-4844

Los Angeles 2nd Offense DUI Attorneys | Southern California Drunk Driving Defense Since 1987

A first conviction for DUI (driving under the influence) is bad. Though generally a misdemeanor, a conviction for DUI can have significant negative consequences for the accused’s personal and professional life; and while a first DUI is bad— a second DUI can be devastating.

A second DUI carries all of the social and professional stigma of the first, but with increased (and increasing) penalties for subsequent convictions. The penalties for a second conviction are onerous and time consuming.

These can include: between four days and one year in county jail (the four days being mandatory), summary probation up to 5-years, fines and penalties totaling $2,000, as well as attendance at multiple mandatory classes, the installation of an interlock device on your motor vehicle, and a two-year suspension of your driving privileges.

Further, because a DUI is a “prior-able” or “enhance-able” offense, each subsequent conviction will become more onerous and carry further punishments, fines, and requirements.

If I get a 2nd DUI, is there a way for me to keep my driver’s license?

The revocation of driving privileges is considered by many the harshest aspect of a second DUI conviction. People may need to drive to get to work, pick up their kids from school, or take a loved one to a doctor’s appointment— loss of the ability to do any of those things is a huge imposition in the life of the convicted person.

Although license suspension is mandatory, there are ways a person convicted of multiple DUIs can get a limited license or partial license for work and hardship.

If you’re facing a DUI charge, or if you’ve already been convicted and are seeking a limited license, contact the criminal law experts at Sitkoff & Hanrahan, LLP today!

If you have been arrested for a 2nd DUI, it is imperative that you consult with drunk driving defense experts. Drunk driving convictions are considered “priorable” offenses, meaning the penalty can be enhanced for repeat offenders. As a result of the greater consequences you face in a 2nd offense, now more than previously you need experienced Los Angeles 2nd Offense DUI attorneys. Since 1987, we have established ourselves as the premier drunk driving defense lawyers in Los Angeles and throughout Southern California. Both Eugene Hanrahan and Stephen Sitkoff are former DUI prosecutors and law enforcement instructors who will personally handle your case.We offer free consultations to review the facts of your case, educate you on the DUI process, and advise you of each of your potential case outcomes.

Second DUI

A second offense drunk driving charge under VC 23152 carries many similar penalties to that of a first offense DUI. If convicted of a 2nd DUI, your sentence would involve probation, enrollment in a DUI education program, driver’s license suspension, fines, and/or community service or labor. However, the difference is the penalties are enhanced for 2nd offenders. For example, the following are a few of the penalties you face if convicted of a 2nd DUI:

  • Mandatory 96 hours (4days) or up to 1 year in county jail
  • Summary probation up to 5 years
  • Fines and penalty assessments totaling approximately $2,000
  • 18 month SB38 2nd DUI program or 30 months SB1365 multi-offender program
  • 2-year driver’s license suspension
  • 2 points on DMV record
  • Attend Mothers Against Drunk Driving (MADD) victims impact panel
  • Attend Hospital and Morgue (HAM) program
  • Community service or labor
  • Install Ignition Interlock Device (IID) or breathalyzer in your vehicle

Is A 2nd DUI A Felony Or Misdemeanor?

The simple answer is it can be both, however, it is typically prosecuted as a misdemeanor. 2nd DUI can be elevated to a Felony DUI if certain aggravating factors are present, such as your case involved a traffic collision which caused injury to another. Additionally, if a fatality resulted from your DUI with an accident, you would not only be charged with felony DUI, you could face an additional felony charge of murder otherwise known as a “Watson Murder.”

2nd DUI DMV Hearing

The DMV APS license suspension hearing represents the second half of the DUI process. Similar to your 1st DUI, you must notify DMV of your intent to contest its independent suspension action within 10 calendar days of your arrest to prevent the suspension from the beginning after 30 days. Once you have made your timely request, a hearing out of a DMV Driver Safety Office or DSO would be scheduled. The timely request would also delay the APS suspension until the outcome of your hearing. Prevailing in the DMV hearing would result in the DMV setting aside its independent suspension action. Conversely, losing the hearing would result in the imposition of the suspension even without a court conviction.

 2nd DUI Restricted License

On July 1st, 2010, California launched a drunk driving prevention program called the Ignition Interlock Device (IID) Pilot Program across 4 counties. One of the counties selected to test the program was Los Angeles. As unreasonable as the program was for 1st offenders, it was positive for 2nd offenders who previously had to wait a year to obtain a restricted driving privilege. Under the IID Pilot Program, a 2nd offender would be able to obtain a restricted license after 90 days from the date of court conviction after presenting DMV with the following:

  •  Proof of SR22 filing
  •  Proof of enrollment in 2nd offender DUI program
  • Proof of IID installation

It is important to note that the 90-day hard suspension would not begin from the date the DMV imposed its APS suspension. Therefore, no suspension credit would be given if the court conviction were to take place long after the DMV suspension.

Call Our Los Angeles 2nd Offense DUI Attorneys For A Free Case Review

We recognize there are thousands of drunk driving defense lawyers and law firms to choose from, however, there are very few who can match the experience and expertise we bring to every DUI case we are entrusted to defend. With the ever evolving landscape of drunk driving law, it is imperative that you choose your representation wisely, for the wrong decisions made today, not just by you, but also by an inexperienced lawyer on your behalf, can result in future collateral consequences that could have been otherwise avoided.

We place a premium on cultivating genuine attorney-client relationships with our clients built on trust and the understanding that we will do whatever it takes to obtain the best outcomes possible for them. If you have been arrested in Los Angeles County or anywhere else in Southern California, please free to contact us at (888) 579-4844 for your free no-obligation consultation at our main office in West Los Angeles. We are available 24/7 with additional offices conveniently located in Long Beach, Torrance, Pasadena, West Covina, Glendale, Orange, Newport Beach, Westlake Village, Oxnard, and Rancho Cucamonga.