Do You Want A Lawyer Who Specifically Focuses on Second DUI and Multiple DUI Offenses?
When arrested for a second DUI, you will need an aggressive and experienced 2nd DUI Attorney or second DUI Lawyer to help keep you working, driving, and out of jail. Know that a 2nd DUI, 3rd DUI, or 4th DUI - Felony arrest is a very, very serious offense and depending on the circumstances of your arrest as well as the jurisdiction where you were arrested, you may be facing 48 hours and up to multiple years jail and/or prison time. With the right second DUI attorney, you can stay out of jail and keep your license even while facing your 2nd DUI.
Is This Your Second DUI Arrest?
While your first DUI arrest may have been embarrassing, your 2nd DUI arrest will be a life altering event. Which court your 2nd DUI is out of will determine what type of consequences you face. For example, some courts in Los Angles county only require 96 hours for a basic 2nd DUI offense while the same offense in Orange County will require 280 days county jail. Depending on the jurisdiction where you were arrested, a second DUI can have all or some of the following DUI consequences:
- * 1-2 Years Driver License Suspension
- * 48 hours to 1 year county jail
- * Court Fines in Excess of $2,500.00 +
- * 18 Month Alcohol School
- * Madd Class / Morgue Program
- * In Patient/Out-Patient Rehab
- * Community Service
- * 3-5 years Informal Probation
"But My Friend Didn't Get Any Jail Time for Their 2nd DUI Offense..."
The truth of the matter is that for your 2nd DUI arrest, the jurisdiction where your arrest occurred as well as the circumstances surrounding your second DUI arrest will control whether or not you actually serve jail time.
For instance, an experienced DUI attorney may readily be able to negotiate a second DUI plea that would allow you to serve any jail time on House Arrest / Electronic Monitoring for a case heard out of one county, while a case with similar facts out of a different county will not be eligible to receive Electronic Monitoring in lieu of jail.
Further, alternative sentencing programs such as Electronic Monitoring, House Arrest, DUI Court, SCRAM, Work Furlough programs, etc, have strict enrollment requirements, making many individuals not eligible for such jail alternatives for a second DUI, third DUI, or fourth DUI arrest.
Finally, when new District Attorneys and judges are hired and/or moved, when new laws are passed, the possible sentencing alternatives change. Sometimes these changes help keep second DUI offenders out of jail while at other times, it makes the process even more difficult and frustrating. Only a DUI lawyer who focuses on multiple DUI offenders will know the status of possible jail alternatives that are available.
To know whether or not the court in your jurisdiction allows jail alternatives, call 877-717-2889 to speak to an experienced DUI attorney who focuses on the defense of individuals with 2 or more DUI arrests.
For a 2nd DUI
- The 10 Day DMV Deadline -
You have 10 calendar days from the date you were arrested to have your 2nd DUI lawyer contact the DMV to request an Admin Per Se hearing to fight the 1-2 year DUI suspension of your drivers license. In the majority of cases, failure for your DUI attorney to contact DMV within 10 days of your arrest, will render your license suspended for up to 2 years.
If you have a commercial drivers license, a second DUI conviction will result in a lifetime commercial license disqualification. Act now to preserve your right to drive.
Frequently Asked 2nd DUI Questions
Click on the following questions to learn the answers to your frequently asked Second DUI questions.
2nd DUI within 1 year?
2nd DUI within 2 years?
2nd DUI within 3 years?
How do you get out of your 2nd DUI in California?
What is the jail time for a 2nd DUI in California?
What happens when you get a 2nd DUI in California?
DUI Questions and Answers
How Do You Get Out of Your Second DUI?
There is no easy answer. You might as well call a doctor and ask him what medication can you take to cure an unknown disease. Simply put, you'll need to have more information to know if your 2nd DUI is beatable.
This doesn't mean there are no alternatives to doing jail time. Call a DUI lawyer who focuses on 2nd DUI cases.
Your DMV Hearing is the Most Important Tool To
Fight Your 2nd DUI
For most 2nd DUI cases, your DMV hearing is the most important tool to help fight your Second DUI. The DMV hearing is administrative proceeding where your DUI Attorney can subpoena records, such as: the calibration and maintenance records of the breath test device you used, the patrol video and/or audio recording of your arrest, 911 and/or dispatch tapes, and even the arresting officer and/or witnesses.
Prior to the DMV hearing, all the evidence will be reviewed in order to ascertain any legal defenses available that may result in avoiding a 2nd DUI conviction.
"One or More Year Suspension?!
How Do I Drive to Work?"
For a Second DUI offense, you are looking at a 1-2 year suspension of your drivers license. For all individuals arrested after July 1, 2010, your attorney, if educated in DUI & DMV law, may be able to fight and obtain a restricted license that will allow you to drive to work after a mandatory suspension period.
Unlike your First DUI arrest, this restricted license is not automatically granted. In order to be eligible, you'll need a DUI lawyer well versed in DUI/DMV law as it pertains to second or third DUI arrests.
Recent 2nd DUI Case Results:
04/08/2014 - 2nd DUI in Vehicle for Commercial Air Pilot
Case Facts - Defendant faced serious problems with his employment if convicted of a 2nd DUI. Client was stopped for Speeding
Case Results: ALL CRIMINAL CHARGES DISMISSED IN COURT. No DUI, No Misdemeanor, No Probation, No Alcohol, Complete Win!! Saved Client's Career.
03/26/2014 - 2nd DUI with .20% with Collision
Case Facts - Client was arrested for a 2nd DUI after he hit another vehicle. His blood alcohol level was over a .20%
Case Results - No Jail time for this very serious DUI offense. Attorney Simmons was able to obtain a no jail time sentence for this 2nd DUI offense, proving yet again, Attorney Julia Simmons is the leading authority on multiple offense DUIs in the State of California.
03/14/2014 - Second DUI above a .20% with Collision and Probation - DMV WIN!
Case Facts: Defendant faced a 2 year suspension of their license because they were driving with a blood above a .20% while on probation and caused a collision.
Case Results: DMV Set Aside - No DMV Suspension - Attorney Simmons Wins Again!!
03/06/2014 - 2nd DUI with a blood alcohol level that was 3 times the legal limit - All Charges Dismissed.
Case Facts: Client was arrested for a second offense DUI with a blood alcohol level of over a .20%. The District Attorneys office wanted jail time. In fact, the DA's office wanted a minimum of 90 days county jail without any alternative sentencing.
Case Results: Upon filing a very detailed motion, the judge ruled in Attorney's Simmon's favor and dismissed all charges related to the 2nd DUI offense. This means the client had no jail, fines, or criminal record. This is a glowing example of how the right 2nd offense DUI attorney can get you results. Client was a fellow attorney and was extremely happy with the motion work Attorney Simmons did on his behalf. Even Attorneys hire Attorney Simmons and Aspen Law Group to defend their 2nd DUI Offense.
01/07/14 - 2nd DUI while on Probation - Reduced to Wet Reckless
Case Facts: Client was arrested for his second DUI while on probation while driving with a suspended license due to a prior DUI case. Client faced a statutory minimum of 10 days jail on the suspended license charge alone and up to 180 days county jail on the probation violation with another 365 days jail for the 2nd DUI charge.
Case Result: 2nd DUI was reduced to a wet reckless charge despite the fact the client was on a suspended license and was on probation. Suspended license charge was dismissed. Client had no jail time at all, reduced fines, and a 12 hour alcohol class instead of 18 months.
02/01/2013 - 2nd DUI Felony with .16% - No Jail Time
Case Facts: Client arrested for a 2nd offense Felony DUI charge due to a Great Bodily Injury Accident. Client's blood alcohol level was in excess of a .16%. District Attorney wanted 2 years state prison for this Felony DUI Charge
Case Results: Case resolved for absolutely zero jail time. Client was so happy to save his job and left a review on Avvo.com for Attorney Simmons.
Does it Make a Difference I'm Still on Probation for my Prior DUI?
If you picked up a Second DUI or a Third DUI while on probation for your prior DUI, you will not be eligible for a drivers license if you fail to contact DMV within 10 days of your DUI arrest, or lose your DMV hearing, or plead guilty to either a 23152 or 23153 (a) or (b) in court.
This includes no eligibility for a restricted license. Thereby, having your second DUI attorney contact DMV within 10 days of your 2nd DUI arrest and challenging the second DUI in court is key to for you to drive for the next year.
In addition to the harsher drivers license suspension period, the court where you violated your probation could order you to jail for an additional 6 months or more on top of the possible jail time you could receive from the court where your recent DUI arrest occurred.
The bottom line is, yes, being on probation for a prior DUI does change the seriousness and likely outcome of your current DUI case. For more helpful DUI information about what a specific judge might sentence you to for violating your prior DUI probation, call 877-717-2889 to speak to a qualified DUI defense attorney with prior experience of how each court functions. DUI consultations are always free and informative.
WARNING - IF YOU'RE LOOKING TO HIRE A DUI LAWYER ON THE WEB, YOUR VERY FIRST QUESTION SHOULD BE, WHAT IS YOUR NAME OF YOUR ATTORNEY.
My name is attorney Julia Simmons. If you choose my law firm, I will be the person representing you in both court and DMV. I am here to explain to you an extremely disturbing trend when it comes to "so-called" DUI lawyers.
There are website marketing companies, who, have copied websites such as mine, put adds reading the same as my add, and advertise their legal services, however, if you are to call some of these sites, they won't so much as give you the attorney's name. If you have a second DUI, third DUI, or Fourth DUI, the worse possible thing you could do is hire a cheap law firm referral service who won't so much as give you the attorney's name. If you come into contact with someone like this, RUN.