Whatever state you are in, you can get a DUI for driving while impaired by alcohol or drugs. The consequences of a DUI are severe, even for first-time offenders. However, the penalties are even greater for second time DUIs. These penalties will not only include a license suspension, substance abuse educational programs, and fines, but also mandatory jail time.
Also, most states require that second time DUI offenders have their vehicles installed with an ignition interlock device (IID). If you have been arrested for a second time DUI offense, you need to contact the best orange county criminal defense lawyer as soon as possible.
--Minimum and Maximum Punishment
Once you are arraigned in court for a second time DUI crime, the judge will take into consideration several factors such as your past criminal history, the details leading to your arrest, among other factors which will all be combined into possible penalties in your DUI case.
Normally, the penalties range from minimal and generous to long-term and detrimental. The minimum to maxim penalties for second time DUIs include;
• Jail from 4 days to 365 days
• Fines ranging from $390 to $1,000
• 3 to 5 years of probation
• Your license may be suspended for about 2 years
• You might be subjected to 30 months of DUI School in California
Since one small matter can change a minimum fine into a maximum penalty fast, you need to invest in a qualified criminal defense lawyer orange county.
Negotiating the different types of Penalty
The job of a prosecutor is to use you as a model for other citizens. Hence, the prosecutor will seek out the maximum penalty to show other citizens the consequences of driving while intoxicated. In such a case you will need a defense attorney who knows and understands the Orange County CA laws inside and out. Since each case is unique, the details you provide can help your defense lawyer secure minimum penalties.
Some important details you should consider include;
• Any property damage involved
• Children present at the scene
• Any injuries or deaths caused by you driving while under the influence
If your DUI situation was somewhat uneventful, chances are that you will get minimum penalties without exerting too much effort. Still, without a good criminal defense lawyer orange county, even a simple case can be lost.
What are the more severe penalties for a DUI?
A case can be complicated by certain known factors. Most of the time, harsh penalties are imposed if any of these concerns are part of your charge. These issues include;
• A blood alcohol content that exceeds 0.15%
• Driving under influence with children aged under 14 in the vehicle • Driving under influence without an updated license
• Causing injury or death
Note that under such circumstances, not only will you penalties become harsher, but the charge may change too. A misdemeanor can turn into a felony if any bodily injury or death was caused. Hence, it is crucial that you get a strong Orange County criminal defense lawyer. An expert defense team can put all their effort to ensure you do not get charged with a felony.
Controlling Driving privileges
As expected, a driver that is arrested for second time DUI offense will face a longer driver’s license suspension. The minimum driver’s license suspension for a second time DUI offense is 12 months. In the event the driver refuses to submit to a chemical testing, the suspension period for a second offense will be 2 full years.
Also, unlike first-time offenders who are allowed a restricted license after a 30-day suspension, restricted licenses are generally, not available for second DUI offenders. However, depending on what happens in the court and with a strong defensive team, you are more likely to obtain a restricted license even though you are still fighting a second DUI offense.
Nonetheless, the court will still need proof that you are driving sober. The judge may ask for an ignition interlock device to be mounted on your vehicle. This calibrated device requires your sober breath for it to run the engine. Some of these devices may even have a restriction on certain destinations such as cocktail bar address.
You need to think of the device as an opportunity to prove yourself before the court. You will gain the rust of the court every time you have a sober drive or drive to a permitted destination. All the sober readings will be recorded to indicate your compliance.
Defining second DUI offenses
If California did not define the terms of a second offense DUI charge, many drivers would be in serious trouble. If you received your first-time arrest when you were 22 years old, and a second conviction is impending as you turn 40 years, by California standards, this does not count as a second time DUI. A second time DUI offense is only viable if the first offense happened in the last 10 years.
How can you beat a second time DUI in Orange County?
Once you are arrested for a second time DUI offense, you need to speak with a qualified and skilled criminal defense lawyer orange county immediately. When you hire the right attorney to represent you, there is some hope that you may come out of this process with an acquittal or a dismissal. For you to achieve this, you need to have a criminal defense lawyer orange county look over your case immediately. There is a lot that goes into creating an effective second time DUI defense and some of this may need to be done within hours of your arrest in Orange County CA.
Here are some reasons why it is crucial to hire a criminal defense lawyer orange county to fight your DUI case;
• An expert DUI defense attorney will know how to collect and analyze all the necessary evidence that can help your defense.
• Other than collecting and analyzing the evidence, a good DUI defense lawyer will know how to use the evidence as a basis for putting together written motions in support of your case.
