SECOND DUI

DUI Attorney Richard Wagner relentlessly confronts the challenge of defending second DUI alcohol or drugs cases. 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. Within 10 years of prior conviction under Vehicle Code Section 23103 pursuant to Section 23103.5 (wet reckless), 23152 or 23153)

(1) Jail Time: 90 days to 1 year,

(2) Fine: $390 to $1000, plus penalty assessments,

(3) DMV suspends license for 2 years,

(4)  Court must order vehicle impounded for 1-30 days, except in unusual cases, if offense occurred within 5 years of prior.

If granted probation:

The conditions must include:

3-5 years probation, 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.

Mandatory imprisonment, fine and penalties

(1) Jail time: 10 days to 1 year or 96 hours to 1 year,

(2) Fine: $390 to $1000, plus penalty assessments,

(3) DMV suspends license for 2 years,

(4) 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. However, The Law Office of Richard Wagner will help you get a restricted license to help you get back on the road.

Disallowance of restricted license. When the court 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 giving a restricted driver’s license to you.  DUI Attorney Richard Wagner will help you get a restricted license at the earliest possible time!

Second DUI – Defend Against Excessive Punishment

The prosecutor will tell the judge to look at your second DUI and other factors 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.

If you refused a breath or blood test, the DMV is looking to revoke your license for 2 years.

If your BAC is .15 percent or .20 percent, the court must consider this as a special factor in determining additional or enhanced terms and conditions of probation.

If you had a minor passenger 14 years old or younger, you face enhanced mandatory jail time and additional charges.

If you were driving 30 mph over the speed limit on the freeway (or 20 mph for other roads) and in a manner prohited by Vehicle Code 23103 while DUI, the judge must sentence you to an additional 60 days in county jail.

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. If the conviction involved the use of alcohol, the court must require you to install an ignition interlock device (IID) on any vehicle operated by you for 1 year.

Restitution. The court must (1) impose a restitution fine of no less than $150 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.

Contact The Law Office of Richard Wagner, A Professional Corporation or Call 714-721-4423 for a FREE Consultation.