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3 THINGS YOU SHOULD DO AFTER YOUR SECOND DUI

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• You should highly consider hiring an experienced DUI defense attorney to represent you with your SECOND DUI Case due to the complexity of today’s DUI laws and MANDATORY JAIL time

 

• Don't talk about the facts of your arrest to anyone, but an experienced DUI defense attorney.  Attorney-client privilege only applies between you and your attorney, meaning anything you say to a non-attorney can be used against you in court​

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• Don't wait. Act immediately or you may risk waiving certain legal rights forever.​ For example, you only have 10 days from the date of your arrest to request a DMV hearing (which is basically a trial of whether your driver's license should be suspended). If you fail to reserve a date within 10 days of your arrest, you may lose your rights to a hearing and your DMV license will be automatically suspended

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MINIMUM PENALTIES FOR A SECOND DUI [VC §23152]

 

Probation Granted

 

• 10 days to 1 year,or 96 hours to 1 years in jail

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• $390 to $1,000 fine with court fees

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• 18 month alcohol/drug treatment program

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• 2 year DMV driver license suspension 

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Probation Not-Granted

 

• 90 days to 1 year in jail

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• $390 to $1,000 fine with court fees

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• 18 month alcohol/drug treatment program

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• 2 year DMV driver license suspension 

 

Additional Penalties

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• You may be sentenced to various other penalties depending in which county, city, or court has jurisdiction of your DUI case.

 

• If you refused to take a chemical test, you will likely face a Refusal Enhancement

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5 THINGS ABOUT DRIVER'S LICENSE SUSPENSIONS AFTER A DUI

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• Your court DUI case and your DMV License Suspension case are separate matters.  The court case is processed by the criminal court system and the DMV case is processed by the DMV administrative agency

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• After a DUI arrest, you will be given DMV Suspension Notice (DS-367), a pink colored form

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• This form allows you a 30 day temporary driver's license

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• After the 30 days, you will be subject to a DMV License Suspension

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• Depending on which county you were arrested in, you may have a option of a restricted license or installing an Ignition Interlocking Device or IID​​

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10 REASONS WHY YOU SHOULD HIRE A LAWYER FOR A DUI

 

• The complexity and harshness of modern DUI laws and penalties

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• The complexity of modern California DMV laws including Ignition Interlock Devices or IID

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• Unfortunately, but true, prosecutors are more likely to listen to an experienced DUI defense attorney than you

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• An experienced DUI attorney can assess whether you have legal defenses to the Field Sobriety Tests or FSTs

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• An experienced DUI attorney can analyze your Blood Alcohol Content or BAC

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• An experienced DUI attorney can assess whether law enforcement had probable cause to arrest you

 

• An experienced DUI attorney can assess whether you have legal defenses to the Preliminary Alcohol Screening or PAS

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• An experienced DUI attorney can provide creative and alternative options to serving jail time

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• An experienced DUI attorney can assess whether your driver's license can be saved

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• If you hire an attorney, you may not have to appear at court. This allows you to not miss work, saving you money

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