DUI Attorney Richard Wagner relentlessly confronts the challenge of defending second DUI alcohol or drugs cases. He knows the second DUI is one of the most complicated types of criminal defense cases to defend. Click here for some examples of Richard Wagner’s DUI Victories.
Strikeforce DUI Attorney Richard Wagner has developed superior skill over many years, day after day, to defend you from DUI prosecution and aggressive DMV suspension/revocation action against your driving privilege.
Second DUI – Vehicle Code Section 23152
If not granted probation:
Imprisonment and fine. Conviction of a violation of Vehicle Code Section 23152 when the second DUI occurred within 10 years of a separate violation of Vehicle Code Sections 23152, 23153, or 23103.5 (guilty plea to reckless driving in place of charge under Vehicle Code Section 23152) that resulted in a conviction, is punishable by imprisonment in the county jail for 90 days to 1 year, and by a fine of $390 to $1000.
If granted probation:
The conditions must include:
3-5 year probationary period or a period equal to the maximum permissible sentence;
A requirement you do not:
- drive with any measurable amount of alcohol in your blood;
- refuse a chemical test to determine your BAC on arrest; and
- commit a criminal offense.
Probation. When granting probation for a second DUI, the terms and conditions must include: (1) confinement in the county jail for 10 days to 1 year or 96 hours to 1 year, (2) a fine of $390 to $1000, and (3) successful completion of an 18-month or 30-month DUI program.
Penalty assessments, fees, and state surcharges. These significantly increase the base fine and includes an assessment for alcohol abuse education and prevention programs, and, if applicable an assessment for county alcohol and drug problem assessment programs.
License suspension. The DMV must suspend your driver’s license for 2 years.
Disallowance of restricted license. When the court, considering the circumstances taken as a whole, determines you would present a traffic or public safety risk if authorized to operate a motor vehicle during the 2-year suspension period, the court may prohibit the DMV from issuing a restricted driver’s license to you under California Vehicle Code Section 13352.5. DUI Attorney Richard Wagner will help you apply for restricted license at the earliest possible time!
Second DUI – Defend Against Excessive Punishment
The prosecutor will tell the court to consider the circumstances of your second DUI such as: your blood alcohol level, refusal to take a chemical test, collision, valid driver’s license, children in the vehicle, recency of prior conviction, flight from an accident scene.
Surrender of license. If your driver’s license is required or ordered to be suspended or revoked by the DMV under any section of the California Vehicle Code on conviction of a DUI offense, you must surrender your license to the court upon conviction.
Vehicle impound. If you have had a prior conviction within the last five years, the court must order impoundment of the vehicle used in the offense registered to the convicted defendant at your expense for 1 to 30 days, except in an unusual case.
Ignition interlock device. The court may require you to install an ignition interlock device (IID) on any vehicle you own or operate for up to 3 years from the date of conviction.
California Vehicle Code Section 23700 requires the DMV to maintain a pilot program in Alameda, Los Angeles, Sacramento, and Tulare counties, requiring second DUI offenders to install an ignition interlock device for all vehicles owned or operated for 12 months.
Restitution. The court must (1) impose a restitution fine of no less than $100 and not more than $1000 (and if probation granted an additional probation revocation restitution fine in the same amount), and (2) order restitution to any victim for any economic losses incurred, unless the court finds compelling and extraordinary reasons for not doing so.
Participation in county alcohol and drug problem assessment program. The court must order you to attend a county alcohol and drug problem assessment program if you have previously been convicted of a violation of California Vehicle Code Sections 23152 or 23153 that occurred more than 10 years ago.
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