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When you are charged with DUI within 10 years of a prior conviction, your matter proceeds as a second DUI offense in San Diego. A second DUI under California law carries higher penalties. Although you are innocent until proven guilty, being accused of a second DUI can be hard to beat without having an experienced DUI lawyer on your side and can lead to:
Jail time is a strong possibility with a second DUI conviction. In addition to license suspension, DUI school enrollment, fine, and probation, a court can sentence you to up to 1 year in jail. Sentencing will vary depending on the county, and you should discuss your case with a lawyer before pleading guilty or accepting any form of a plea deal.
Generally, a second DUI is charged as a misdemeanor. However, where there are certain aggravating circumstances, the prosecution can charge you with felony DUI. The following circumstances will enhance your misdemeanor penalties:
If your second DUI results in injury to another person, this may open the door for a felony charge. Along with other non-custodial options, a felony conviction carries a maximum of 10 years in prison. Sentencing and penalty will vary from one case to another, but the court will consider the number of persons injured and the nature of their injuries.
A possible DUI conviction can be daunting to many. The obvious increase in penalties if found guilty a second time should never be taken lightly. Mistakes can happen, even a second time around, but when you have an experienced San Diego DUI lawyer, a conviction or jail time can be avoided. You will need legal representation to facilitate the following:
Representing yourself is often inadvisable, even more so in a second DUI case. To maximize the best legal options available to you, it is imperative that you retain a San Diego DUI lawyer as soon as possible. The earlier your lawyer starts working, the better your chances for an acquittal.
California uses a 10-year “lookback period.” This means the court reviews DUI convictions, wet reckless convictions, and certain out-of-state DUI equivalents from the past 10 years. If the prior conviction falls within that period, the new case is charged as a second DUI. The date of arrest, not the date of conviction, is what matters when calculating the 10-year window.
Yes. After a second DUI, obtaining a restricted license is more complicated. You may be required to install an ignition interlock device and enroll in DUI school before the DMV grants restricted driving privileges. The DMV can also deny your request if you refused chemical testing or have an unfavorable driving record. An attorney can guide you through the administrative steps and deadlines.
Travel is not automatically restricted, but courts sometimes impose travel limitations as a condition of bail or release, particularly if there are aggravating factors. If you need to travel for work or family reasons, your lawyer can request permission from the court. Once convicted, probation conditions may also restrict travel until certain requirements are met.
A second DUI can trigger mandatory reporting requirements for certain licensed professionals, including nurses, teachers, real estate agents, and commercial drivers. Employers in fields involving public trust, transportation, or security may also take disciplinary action. Addressing the case proactively, and resolving it favorably, can reduce the effect on your career.
While not automatic in every case, ignition interlock devices are common following a second DUI conviction. Depending on your circumstances, the court or DMV may order installation for several months to more than a year. This requirement is often tied to obtaining a restricted license and can be a condition of probation.
Yes. Though the legal defenses are similar to those used in first DUI cases, prior convictions require additional scrutiny. For example, your attorney may challenge whether the prior conviction legally qualifies, whether it is within the lookback period, or whether the chemical test and arrest procedures were conducted lawfully this time. Any defect can impact whether the prosecution can legally treat the new arrest as a second offense.
A wet reckless typically counts as a prior for sentencing purposes. Even though it is not labeled a DUI, the court may still treat your new arrest as a second DUI. However, the circumstances surrounding the reduction can be relevant for negotiation or sentencing mitigation in your new case.
Yes. Courts often impose supplementary requirements depending on the facts of the arrest. These may include alcohol treatment programs, community service, Mothers Against Drunk Driving programs, or mandatory attendance at victim impact panels. A lawyer can argue for alternatives that are less burdensome or better tailored to your situation.
Vehicle impoundment is possible but not guaranteed. Some counties impose mandatory impound periods, especially if aggravating factors are present. In other cases, impoundment may occur only if there was an accident or the driver continues to operate the vehicle without a valid license.
For years, McElfresh Law has worked with clients facing various criminal charges. We possess the required experience to handle your second DUI case and will deliver high-quality legal representation. We are committed to fighting to obtain the best possible result for your case.
Finding a law firm with the experience you need to beat your case can be difficult. At McElfresh Law, your case is in the capable hands of a legal team with excellent courtroom and legal knowledge. Call us today at (858) 756-7107 and learn what we can do to help you.
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