A first-time DUI increases the chances of a conviction when accused of a second offense. Your record also puts you at risk of suffering harsher penalties because your prior offense will serve as an aggravating factor. Judges and prosecutors tend to be less lenient with repeat offenders to ensure public safety. If you or your loved one is arrested for a 2nd offense DUI in Santa Ana, we encourage you to contact the California Criminal Lawyer group. We understand the severity of the charges you face and have a team of skilled attorneys that can help you fight for the best outcome.

Driving under the influence attracts two sets of penalties; criminal and DMV penalties. Choosing an attorney with enough skills and knowledge of the law is imperative to defend your future, freedom, driving privileges, and best interests. The prosecutors are looking to convict, and your best way out is to partner with a DUI attorney with a proven track record.

Understanding What Counts as a Second DUI

The time allotted between a first and second DUI offense is 10 years in California. Therefore, the court will consider any past DUI conviction in the past 10 years as a "prior." Arrests that do not result in conviction do not count. If the time gap between past DUI convictions is more than 10 years, the prosecution will impose first-time DUI charges.

The court is more lenient with first-time DUI convictions, and penalties could be reduced to community service or probation. However, the second offense shows a pattern, and a conviction results in a mandatory minimum sentence of up to 96 hours in jail.

Also, the 10-year rule applies after the second offense. You can face charges for a 3rd or 4th DUI offense, and the penalties keep increasing with each conviction. The law provides that a judge can only consider DUI violations, meaning other traffic violations like over speeding or reckless driving will not count as priors if you were sober at the time of an arrest.

DUI Elements

Vehicle Code 23152 makes it unlawful to drive under the influence of narcotics. The prosecution must prove two elements beyond a reasonable doubt. These elements include:

  • You drove a car
  • When driving, you were under the influence

The prosecution can only build a case based on legally obtained evidence. Essentially, evidence gathered from an illegal stop or one without probable cause cannot be used in court. Some of the valid reasons for a law enforcement officer to pull you over include:

  • Driving with a broken tail light
  • Weaving in and out of lanes
  • Speeding
  • Running a stop sign, etc.

Once you stop, the officer must also have probable cause to request that you take a field sobriety test. Some of the valid reasons for an officer to ask you to take a BAC test include:

  • Slurred or incoherent speech
  • Watery or bloodshot eyes
  • Odor of alcohol
  • Slow verbal responses
  • Stumbling out of the car

Here is a deeper look into the elements of the crime:

You Drove a Car

To be convicted of DUI, irrespective of whether you have a prior, you must have operated a car while intoxicated. If an officer did not observe you driving or arrested you in a parking lot, you could not face charges for driving under the influence.

You Were Under the Influence

It is also necessary for the prosecution to prove that your blood alcohol concentration was above the legal limit. In California, the accepted BAC is .08% or lower.

Second DUI Criminal Penalties

The penalties you will face will highly depend on the unique facts of your case. While a basic framework defines the penalty for a 2nd DUI conviction, a judge can enhance your punishment if certain aggravating factors exist.

The typical penalty for a 2nd offense DUI includes:

  • Summary probation for 3 to 5 years
  • Mandatory minimum jail time for up to 96 hours or a maximum of 1 year
  • A criminal fine not exceeding $1,000
  • A penalty assessment fine of up to $1,000
  • Mandatory enrollment in a DUI school
  • Installation of an IID (ignition interlock device) for up to 1 year

If the court grants probation instead of jail time, you must adhere to the following terms and conditions:

  • You must not drive under the influence, irrespective of your BAC (Blood alcohol concentration)
  • You will submit to chemical tests for subsequent DUI arrests
  • During the probation period, you will remain free of other criminal allegations

Under Senate Bill 1046 passed on 1st January 2019, 2nd DUI offenders on probation can obtain a restricted license immediately after installing an IID. However, another DUI violation or the refusal to submit to a chemical test will result in the suspension of your driver's license for up to 2 years.

Here are additional conditions the court can impose depending on the specific facts of your case.

  • Payment of restitution to injured victims
  • Mandatory attendance to AA (Alcoholics Anonymous) or NA (Narcotics Anonymous) meetings
  • Involvement in the MADD (Mothers Against Drunk Driving) victim impact panel
  • Keeping the IDD on your car or any vehicle you operate for up to 3 years

Aggravating Factors That Can Increase Your Penalty for a 2nd Offense DUI

A judge can impose a sentence enhancement if aggravating factors exist. Your additional penalties will significantly depend on your criminal past and the facts surrounding your DUI arrest. Typical aggravating factors that can attract extra penalties include:

  • Your age (if you are 21 or younger)
  • Driving with a BAC of at least 0.15%
  • Refusing to yield to a chemical test
  • Causing an accident
  • Over speeding
  • A child endangerment charge under Penal Code 273a for a DUI with children under 14 in the car

Second DUI DMV Penalties 

A second DUI offense will result in DMV penalties right after your arrest. The DMV imposes these penalties even if the court acquits you or drops your charge during your pre-trial or trial.

The first penalty is an automatic license suspension. You have up to 10 days following an attest to request a DMV hearing. If you lose during the hearing, the DMV will impose an APS (Administrative Per Se) Suspension of up to 1 year.

However, if you offered to take the chemical test during the arrest and installed an IID, you can obtain a restricted license. The license allows you to operate your IID-installed car during the duration of the APS suspension (1 year).

The law requires you to wait for the court-triggered suspension to begin before obtaining a restricted license from the DMV. The court penalty for a second DUI conviction is a license suspension for up to 2 years. If you refused to submit to the chemical test during your arrest, the 2-year license revocation would remain.

Your best chance of achieving the best outcome during the DMV hearing is to have a competent DUI attorney on your corner. It is crucial to understand that you have the following rights:

  • The right to a DMV hearing
  • The right to reserve an attorney during the hearing
  • The right to request a one-on-one hearing as opposed to an over-the-phone hearing
  • The right to have your arresting officer present to answer questions during the hearing

The most notable benefit of requesting a DMV hearing is that your license will not be suspended until the hearing is over. You can dodge the suspension of your driving privileges for weeks or months. Depending on the time that elapses, some defendants do not suffer any consequences allied with losing their driving privileges. A skilled DUI defense lawyer will give you the best chances of enjoying a favorable outcome from the DMV process.

Other Penalties

Apart from criminal and DMV penalties, other consequences of a 2nd offense DUI conviction include:

  • Possible job loss and trouble finding meaningful employment
  • Rejection in learning institutions, including colleges and universities
  • Disqualification to serve in the military
  • Trouble finding financial assistance like loans
  • An increase in your auto premiums

If you are convicted of a sending time DUI, all is not lost, and you can remove the conviction from your record. You are eligible for record expungement as long as you served probation, not a jail sentence, and successfully completed your probation. Your attorney can help you file a record expungement petition and give you maximum chances of having the case dismissed. Even though employers can still view the record, they cannot deny you employment based on an expunged conviction.

What If The First DUI Offense Was In Another State?

DUI laws and penalties apply on a state-by-state basis. In California, your experience when arrested for a second DUI could vary depending on the county. However, specific rules apply across the board.

For instance, the court will consider a first-time DUI conviction even if you were convicted in another state. Also, the DMV gathers information about DUIs and DWIs from other states when a California resident applies for a driver's license. Any prior within the past 10 years will reflect on your driving record. It will be used against you if accused of a subsequent DUI.

Best Defenses To Fight 2nd Offense DUI Charges

The facts of your case and the circumstances around your arrest will dictate the best defenses to use. Here are some defenses that can increase the likelihood of having your case dismissed or your charges reduced:

Breathalyzer Inaccuracies

If there is enough evidence to show your case is based on test errors, you will likely be acquitted. Most officers conduct breath tests, and some studies support that even well-tuned breathalyzers are prone to provide inaccurate results. After all, they do not measure BAC directly and only estimate your blood alcohol concentration.

Moreover, the actual ratios unveiled after a test can depend on various aspects, including your gender, breathing patterns, body weight, red blood cell ratio, and body temperature. If you only took a breathalyzer test, your attorney can argue about the device's margin of error to compel the judge to drop your case.

No Probable Cause for A DUI Stop

It is illegal for the police to pull you over on a mere hunch. A police stop not supported by probable cause or reasonable suspicion that you are intoxicated is considered an illegal "seizure" and prohibited under the 4th Amendment of the constitution.

If you were not exhibiting any common reasons for a stop like violating traffic signs, speeding or showing impairment patterns, your attorney could file a motion to suppress any evidence gathered from the illegal seizure. The judge will likely dismiss your charges when the prosecution cannot use key evidence obtained during the stop and cannot meet the evidentiary standards to convict you.

Rising Blood Alcohol

Another defense that works out beautifully when presented professionally is that you had rising blood alcohol. This implies that your BAC was within the legal limit when driving and rose by the time you had the chemical test. Alcohol takes 45 minutes to 3 hours to be fully absorbed, and any delays in conducting the BAC test can show that a case is based on inaccurate facts.

An experienced DUI attorney will depend on expert testimonies to prove that your BAC was within the legal limit at the time of an arrest. A toxicology expert can do a retrograde extrapolation analysis to show potential differences in your BAC between the time of an arrest and when you took a test. Often, this yields the best outcome when your BAC levels are slightly higher than the legal limit, and you did not exhibit any clear signs of intoxication.

You Were Not Intoxicated

The court depends on evidence to convict DUI offenders. If the police administered a blood test, they must follow strict protocols to obtain evidence admissible in court. Because blood is an organic substance, it can decompose and create alcohol if improperly stored or allowed to sit for days before being analyzed.

If you were arrested after running past a traffic light, overspeeding or other violations not necessarily related to drunk driving, your attorney could have the DUI charges dismissed by proving you were sober. The court assumes evidence tabled by law enforcement officers is accurate, and it is up to the defense to prove otherwise.

Your lawyer can help by filing a blood split motion. If the judge grants the motion, the blood will be retested to unveil details regarding how the experts stored it and performed the BAC tests. The judge could drop your charges if the blood sample is contaminated, fermented, or shows evidence of improper storage.

Misconduct at a Sobriety Checkpoint

Not even the police are above the law. They must follow strict procedures at checkpoints to ensure they gather credible evidence. Generally, Standardized Field Sobriety Tests (SFST) are not considered precise pointers of impairment. For instance, the one-leg stand is only 65% accurate, while the walk and turn test is about 68% accurate.

Moreover, officers cannot take into account the results of field sobriety tests without considering the structure of the pavement and whether you have any medical conditions. If you face DUI charges based on tests not administered under ideal conditions, you likely do not have a case to answer.

Other concerns that can see your charges dropped include:

  • Non-athleticism or poor coordination
  • Police intimidation before the test
  • Poor lighting
  • Your shoes or outfit at the time of a test

You Were Not Driving 

The first element the prosecution must prove beyond a reasonable doubt is that you operated a car. You are not guilty of drunk driving if the police did not see you driving the vehicle or found you in a parked vehicle.

First-time DUI charges are bad enough. A second offense in less than 10 years can leave you facing numerous harsh penalties, including the revocation of your driver's license. You owe yourself the favor of hiring an experienced DUI attorney that can use the best defenses to help reduce your criminal and administrative penalties.

How Can A DUI Lawyer Help You Fight a Second-Time DUI

With a second-time DUI, the stakes are higher, and you risk facing harsher penalties if convicted. Even if you did not seek legal representation for the first offense, you should consider working with a seasoned lawyer when accused of a subsequent DUI. 

Before we analyze how a DUI attorney can help you, here are a few tips to ensure the best outcome when arrested for drunk driving:

  • Comply with the officer and provide your driver’s license, registration, and proof of insurance
  • Remain courteous and only answer questions asked by the law enforcement
  • Do not volunteer information by saying more than is necessary
  • Under the 5th amendment, you have the right to remain silent and contact your attorney

It is imperative to call your attorney as soon as possible after an arrest. The expert can help preserve your reputation and dodge the harsh criminal and DMV penalties for drunk driving. Relying on a public defender is also an option, although the professional will likely persuade you to opt for a plea bargain even when the odds of winning a case are in your favor. The unfortunate reality is that public prosecutors, even those with your best intentions at heart, lack the time or resources to provide dependable legal defense.

Here is how an attorney dedicated to your case can help:

Gathering Evidence 

Your attorney will depend on evidence to build a case in your defense. The expert will gather police records, interview eyewitnesses, and analyze evidence from videos or photos. Most importantly, your attorney will request police equipment records and note any issues that could make your BAC results inaccurate.

Sometimes, key people that can support your innocence will not be willing to appear in court. Your attorney can help by subpoenaing them. The lawyer can even serve the law enforcement officers with subpoenas to release videos and audio recordings taken during your stop. Evidence showing police harassment or misconduct during the traffic stop can quickly force a judge to dismiss your case.

Filing Court Motions

A competent attorney can file pre-trial motions to suppress the evidence against you. For instance, the court can dismiss all tainted evidence if the officers violated your constitutional rights or engaged in misconduct once they pulled you over. Proof showing you were an unfair target or the police acted unprofessionally during the stop is enough reason to file a "Pitchess Motion."

If the prosecution lacks sufficient evidence to build a case against you, the judge will likely drop your charges before you proceed to trial. Only a skilled attorney will have the skills to identify concerns that make specific evidence inadmissible in court.

Negotiating a Deal

If the state has a strong case against you and there is compelling evidence to get you convicted, an attorney can still achieve a suitable outcome by negotiating an excellent plea deal. Opting to "settle" saves taxpayers money and reduces the time a judge must spend on your case. Consequently, a plea bargain can keep you out of jail, reduce your charges or reduce the penalties you face for a 2nd offense conviction.

Negotiating with a prosecutor is tough, and you are not guaranteed a good deal. However, lawyers typically use their good past relations with prosecutors to ensure their clients receive more favorable bargains.

Find A Santa Ana DUI Attorney Near Me

If you face charges for a second-time DUI in Santa Ana, you cannot underestimate the importance of hiring a DUI attorney with a proven record of positive outcomes. Your freedom and future depend on your lawyer's ability to attack the prosecution's evidence, build a strong defense against your charges or fight to obtain the best plea deal on your behalf. At California Criminal Lawyer Group, we are attentive to detail and thrive on our ability to find aspects that can work in favor of our clients. Call us today at 714-844-4151 and let us analyze your case, discuss your legal options, and start building a case with maximum winning chances. We offer 100% free and confidential consultation!