Temecula | Murrieta Second Offense DUI
What is a Second Offense DUI?
A misdemeanor second offense DUI is codified in Vehicle Code section 23152, subdivisions (a) and (b). It means that you have previously been convicted of DUI within the last 10 years - offense date to offense date (not conviction date to offense date).
Often, people have "out of state" prior convictions (i.e., DUI convictions from other states), that Temecula prosecutors will attempt to allege as a priorable DUI offense. However, not all prior DUI convictions from other states can be alleged as prior DUI convictions, because some states have different DUI laws. The prior DUI offense must qualify as a DUI if it was charged and proven in California.
Persons arrested for DUI are typically charged with two offenses. The first is Vehicle Code section 23152(a), which says that the person drove a vehicle without the care and caution of a sober person. The second is Vehicle Code section 23152(b), which says that the person drove a vehicle with a Blood Alcohol Concentration of .08% or greater.
Do I have Defenses? Should I fight it?
Yes! You have defenses. Please click here to read about DUI defenses. Even if the defenses in your case aren't available, a local DUI Attorney can help you resolved your case much more favorably than if you walked in and pled guilty without a lawyer.
What Happens to my Driver's License?
Fighting for your driver's license requires that your DUI Attorney engage in two battles: one with the DMV regarding your Administrative Per Se (APS) suspension; and another battle with the court.
The DMV will automatically suspend your license 30 days after a DUI w/ alcohol arrest for 12 months, unless your DUI attorney requests an APS Hearing within 10 days of your arrest. Make sure your Temecula | Murrieta DUI Attorney is familiar with the DMVs practices for APS Hearings and that they have obtained set asides ("won DMV Hearings") before.
You can obtain a restricted license after 1 year or after 90 days with the installation of an ignition interlock device (breathalzyer) in your car.
With respect to the court battle, if you're convicted of a second offense DUI, the court will order the DMV to suspend your license, regardless of whether or not you won your DMV Hearing. So, you've got to win on both sides.
What is the Punishment for a Second Offense DUI?
Please take a look at this chart regarding DUI punishments.
What Should I Do?
A DUI arrest is stressful. Just know that you'll get through it. The most important thing you can do in the beginning is to quickly reach out to DUI Attorneys in your area (hire a local Temecula | Murrieta DUI attorney) and decide which one you feel comfortable representing you.