You will face an arrest and charges for DUI when you drive a car while intoxicated with alcohol or drugs. Under California law, DUI is a ‘priorable’ offense. You will face more severe charges and potential penalties if you have a prior conviction for the offense.

A second DUI offense is a drunk driving offense that you commit within 10 years of a prior conviction. Before your conviction for a second DUI under California PC 11352, the prosecuting attorney must establish that you were intoxicated. Additionally, you should have another conviction on your record.

California law is strict on repeat offenders. Therefore, a conviction for a second DUI will result in harsher punishment. This includes jail time, fines, and driver's license suspension. In addition to the criminal penalties, the conviction will stain your criminal record and impact other aspects of your life.

If you face charges for a second offense DUI in Monterey, CA, you will require our expert legal insight at Monterey Criminal Attorney.

Overview of 2nd Offense DUI

Drunk driving is a severe offense in California. It involves operating a vehicle with a BAC that exceeds the legal limit. Additionally, you can face DUI charges for driving while impaired due to alcohol or drug use. DUI is a priorable offense. This means that your prior convictions can impact your charges and sentence for subsequent offenses.

You face charges for a 2nd offense DUI if you have a prior conviction for DUI or wet reckless on your record. To obtain a conviction for a second DUI in California, the prosecution must prove that you drove under the influence of alcohol or drugs.

When proving your liability for a second DUI offense, the prosecution will rely on the following forms of evidence:

Testimony from the Arresting Officer

The prosecution can use the arresting officer's testimony to prove your intoxication. This testimony will show your conduct before, during, and after the arrest for drunk driving. The arresting officer will also testify to how you performed on your field sobriety tests.

Blood and Breath Test Results

Your BAC test results play a critical role in your DUI case. The arresting officer can administer a breathalyzer test at the DUI stop or a blood test on arrival at the police station. Your BAC test results will show whether you exceeded the limit.

The BAC limit in California varies depending on your driver's license type. For individuals with a standard license, the limit is 0.08%. You cannot legally operate with a BAC over 0.04% if you are a commercial driver. California law is stringent on underage drinking and driving. Therefore, drivers under 21 years old can face DUI charges for operating with a blood alcohol content of 0.01% or more.

Criminal History

You face charges for a second DUI when you have a prior DUI conviction or a conviction for wet reckless on your record. Therefore, the prosecution will refer to your criminal records when proving you have a prior conviction within ten years.

Expert Witness Testimony

If your second offense DUI charge is based on driving under the influence of drugs, the prosecutors will work with an expert witness to build the case. A Drug Recognition Expert (DRE) can help clarify the level of intoxication and its impact on your ability to drive safely.

Legal Penalties for a 2nd DUI Offense

In California, a second DUI within 10 years carries more severe penalties compared to a first offense. The penalties can vary depending on the specifics of the case. They include the following:

  • Fines. can range from $390 to $1,000.

  • Jail Time. For a second DUI conviction, there is a mandatory minimum of 96 hours in jail. The maximum sentence you could face for this offense is 1 year. However, a judge may sometimes allow for home detention or work release. The court can reduce your actual jail time if you participate in an alcohol treatment program or other rehabilitative measures.

Aggravating Circumstances for Your 2nd Offense DUI

A second DUI offense attracts harsher punishment in jail time, fines, and probation. However, your sentence may increase in the presence of the following aggravating circumstances:

  • High Blood Alcohol Concentration (BAC)

The legal BAC for drivers with a standard driver's license is 0.08%. When the alcohol content in your blood is at this point or slightly higher, you could face the normal sentence for a DUI. However, having a significantly high BAC, like 0.15% or higher, aggravates your case. A high BAC indicates a more severe impairment, which worsens your ability to make sound decisions while driving.

  • Driving While Intoxicated With a Minor Passenger

If a second DUI offense occurs while transporting a passenger under the age of 14, additional penalties can apply. This includes possible jail time, higher fines, and the regular DUI penalties.

  • Reckless Driving and Causing Injury

Drunk driving puts the life of a driver and other road users at risk. This is because a drunk driver has a lowered mental capacity. This makes them incapable of making sound and fast decisions in an emergency on the road. If you face a citation for erratic driving or causing an injury at your second DUI, you risk facing more severe punishment. California law imposes felony charges if someone is seriously injured in a DUI-related crash, leading to substantial prison time.

  • Refusal to Submit to Chemical Testing

If you own a valid driver's license in California, you consent to BAC tests at DUI checkpoints or when you face suspicion of drunk driving. A traffic officer cannot force you into a breathalyzer or blood test. However, the failure to submit to these tests is an aggravating factor for your 2nd DUI offense. This can lead to a longer license suspension and additional legal complications.

Probation for a 2nd Offense DUI

There are three main sentencing options for defendants facing charges for a second DUI: jail time, fines, and probation. In California, probation serves as an alternative sentence to incarceration. If the judge sentences you to probation, you will serve community service instead of jail time. Summary probation for a second DUI lasts for 3 to 5 years.

Not all defendants will receive a probation sentence. If you face charges for a second DUI, your attorney can negotiate with the prosecution for a probation sentence. You could receive a probation sentence if there are no aggravating circumstances to your DUI. While serving your probation, the judge will impose the following conditions:

  • Alcohol education program. The court will order you to complete a DUI education program, which can last from 3 months to 18 months. The specific length of this program will depend on the seriousness of the case. The program focuses on educating individuals about the dangers of impaired driving.
  • Community service. Probation may require offenders to complete several community service hours.
  • No alcohol or drugs. While on probation for your 2nd DUI, you must refrain from consuming alcohol or drugs. Additionally, you must undergo random drug and alcohol tests to ensure compliance with this condition.
  • Regular court and probation officer check-ins. As a second-time DUI offender, the prosecution can file felony or misdemeanor charges against you. Offenders on felony probation must report to their probation officer. If you are on summary probation, you must report your progress to the court. Failure to attend can result in probation violations.
  • Fines and Restitution. The court will order you to pay all the fines associated with your DUI as a part of your probation compliance.
  • Installation of Ignition Interlock Device (IID). In some cases, a judge may order you to install an IID to your vehicle after a 2nd DUI conviction. The IID monitors you to ensure you do not operate the car under the influence of alcohol. Before you start your vehicle, you must provide an alcohol-free breath sample. This device prevents the car from starting if alcohol is detected on the driver’s breath.
  • No Further Violations. You must avoid other violations while on probation for DUI. Committing another DUI or criminal offense can lead to probation revocation and jail time.

Drivers License Suspension for a Second DUI Offense in California

A driver's license suspension is the most severe consequence you face after a DUI conviction after jail time. A defendant can face two types of driver's license suspension following a conviction for a 2nd offense DUI. They include:

Administrative License Suspension

Immediately after an arrest for a 2nd offense DUI, the arresting officer will take away your driver's license and issue a notice of the DMV hearing. You have a grace period of ten days, within which you must prepare and attend the hearing. At this hearing, you can defend your license against a suspension by the DMV.

A DMV hearing is an informal hearing presided over by a DMV officer. The evidence needed for this hearing is less than that of the DUI case. Therefore, you must aggressively fight against the license suspension.

At the DMV hearing, you have the right to present evidence that supports your case. Additionally, you can cross-examine the witness resented by the prosecution. This lets you convince the DMV officer that you did not drive while intoxicated.

If you win the DMV hearing, you can continue to operate your vehicle while awaiting the outcome of your criminal case. A loss at the DMV hearing will result in your driver's license suspension for a year.

Court Ordered License Suspension

Part of the penalties for your DUI conviction is a suspension of your driver's license. For a second DUI conviction, the court will order a license suspension for a maximum of two years. However, the court will not suspend the license. Instead, they notify the Department of Motor Vehicles of the conviction, and the DMV suspends your license.

A license suspension means that you cannot operate a vehicle in California. After a year of your license suspension, you can petition the court for a restricted license. This license will allow you to drive to school, work, and other DUI programs.

Legal Defenses Against 2nd DUI Charges

The impact of a conviction for a second DUI goes beyond incarceration and fines. After a conviction, you will lose your driver's license through a suspension. You will also have a criminal record that can impact your personal and professional lives. When you face charges for a second DUI in California, you must aggressively fight the charges to avoid your conviction. Common defenses you could use against your second DUI charges:

No Driving

A critical factor that the prosecuting attorney must establish when proving liability for a second DUI is that the defendant was driving a vehicle. Under California law, driving means that you sat behind the wheel of a moving car at the time of the arrest. Acts like sitting in the driver's seat of a packed vehicle will not result in a drunk driving conviction.

Give Alternative Explanations for your Symptoms

A traffic officer will observe your symptoms before arresting you or proceeding with further investigation for DUI. An arresting officer can mistake the following symptoms of intoxication:

  • Unsteady or impaired coordination
  • Bloodshot eyes
  • Slurred speech
  • Alcohol odor from your breath
  • Inattention and confusion

Argue that Bad Driving Does Not Equal a DUI

You can avoid a conviction for your second DUI by giving alternative explanations for these symptoms. For example, having an alcohol odor may stem from consuming certain medications. Additionally, you could have bloodshot eyes due to extreme fatigue.

Dispute the BAC Test Results

Your breath and blood test results play a significant role in your drunk driving case. If your BAC exceeds the legal limit at the time of arrest, the court will find you guilty of a second offense of DUI. California law imposes regulations that arresting officers must adhere to when administering the chemical tests.

The device must undergo constant maintenance and calibration for the breathalyzer test to ensure accurate results. Additionally, the officers must administer the blood test correctly and ensure the samples are handled correctly. Without the chemical test results, you have a high chance of fighting and prevailing in your DUI case.

Violation of your Constitutional Rights

During an arrest and prosecution for drunk driving, the officers must follow the proper procedures. This helps avoid a violation of your constitutional rights. When you face suspension and charges for DUI, you have the following rights:

  • You are right against an arrest without probable cause. Before your arrest, the traffic officers must establish probable cause. A probable cause in this case is a reasonable belief that you were under alcohol or drug influence.
  • Right against coerced confessions. An arresting officer cannot legally force you to admit to drunk driving.
  • Right to remain silent. Besides providing your identification and license, you are not obligated to engage with police officers during a DUI arrest or investigation. This means you can exercise your right to remain licensed until you receive legal counsel.
  • Right to legal representation. California has complex drunk driving laws. Navigating an arrest, investigation, and prosecution for a second DUI without legal guidance can have dire consequences. Fortunately, you have a right to legal counsel. If you cannot afford an attorney, the state must provide one.

You can have a strong defense against your 2nd DUI charge by arguing that an officer violates your rights.

Rising BAC

The "rising BAC" defense is a legal argument used in DUI cases. You can use this defense if your BAC was below the legal limit at the time of driving but increased afterward. The body requires some time to absorb the alcohol. Therefore, your BAC could rise drastically long after you have stopped consuming the alcohol.

The blood test serves as the most accurate test for your BAC. Since the arresting officer will administer this test on arrival at the station, your BAC may have been raised above the legal limit. If you can show that your BAC was rising at the time of your arrest, you could avoid the DUI conviction. This defense relies heavily on expert testimony about the absorption rate of alcohol and timing.

Lack of a Probable Cause for a DUI Stop

Unless you face an arrest at a DUI checkpoint, an officer must have probable cause to pull you over. Lack of probable cause for a DUI stop is a common defense for DUI cases.

If a traffic officer makes an illegal stop, the court may suppress the evidence obtained during the encounter. Without this evidence, the prosecution may find it challenging to prove that you engaged in drunk driving.

Involuntary Intoxication or Prescription Drug Defense

Sometimes, a defendant may have been unintentionally intoxicated due to prescription medication and other substances. If you are unknowingly impaired by over-the-counter drugs or even drugs given by another person, you can use this as a defense. However, you must provide evidence showing that you did not know of the intoxicating effects of the substance and that they were not impaired by choice.

In such cases, expert testimony is necessary. The expert witness will show that you acted in good faith when you took the prescribed medication.

Expunging a 2nd DUI Conviction

The consequences of a 2nd DUI offense can have lasting effects on your life. This could include a loss of job opportunities, difficulty obtaining residency, and losing your professional license. Fortunately, you can avoid the disabilities of your conviction through an expungement.

Under California PC 1203.4, an expungement is a legal proceeding where you withdraw a guilty verdict and exchange it for not guilty. Expunging your conviction will involve filing a petition with the court. Before filing for the expungement, you must meet the following criteria:

Complete Your Probation

Probation is a common sentence for defendants facing second DUI charges. When the court sentences you to probation, you will serve part of your jail sentence on community service. Probation for a second DUI can range from one to three years, depending on the case circumstances.

You must have completed your probation to expunge your conviction. This means that you followed the following probation conditions:

  • Served your full probation term or obtained an early termination
  • Completed the full term for DUI school
  • Attended AA meetings and counseling
  • Paid all your court fines
  • Undergo random drug tests.
  • Completed the required hours of community service

You Do Not Face Charges for Subsequent Offenses

Committing a crime while on probation violates the terms of your sentence. Therefore, you cannot expunge your conviction if you face charges or serve a sentence for another offense.

If you meet the eligibility criteria, you can file your petition and attend an expungement healing. Your attorney can convince the judge to expunge your second DUI conviction at this hearing. An expungement of your DUI offers the following benefits:

  • Employers cannot use the expunged conviction against you.
  • The expunged DUI conviction carries less weight when reported to the professional licensing board.
  • You can answer no when asked about prior convictions.

Expunging your DUI can lift some criminal conviction disabilities, but it will not overturn the suspension of your driver's license.

Find a Reliable DUI Lawyer Near Me

Under CVC 11352, DUI involves driving while intoxicated with drugs or alcohol. If you commit a DUI offense within 10 years of a prior conviction for DUI or reckless, you will face charges for a 2nd offense DUI. With a second offense, you risk facing harsher criminal penalties like jail time, fines, and driver's license suspension. Additionally, you will suffer more long-lasting collateral consequences.

Not all arrests for drunk driving result in conviction. With expert guidance from a knowledgeable attorney, you could build a solid defense to avoid a conviction. Additionally, you can negotiate with the prosecution for a plea deal. This allows you to face lesser charges and punishment.

Your choice of legal representation can significantly impact the outcome of your DUI case. At Monterey Criminal Attorney, we offer expert legal guidance and representations for our clients battling drunk driving charges in Monterey, CA. Call us at 831-574-1791 and allow us to guide you through your case.