Their 2nd offense DUI it is a serious matter. Of course, you know this since you’ve been through this once before. You understand that the criminal courts are challenging DUI offenders and you should be concerned too.
If you are on your second DUI offense, you may need a good attorney who understands second DUI offenses. However, second DUI offenses are not always more difficult to beat than a first DUI offense. It all depends on what evidence the district attorney has, which like your first DUI offense, can be substantial, or with this second DUI offense it can be minimal. However, your second offense can have much more severe penalties.
The legal limit in most states for blood alcohol content is 08%. This is the same regardless of whether it is your 1st or 2nd DUI offense. It does not matter if you had a previous crime or conviction. If you are found operating a vehicle with more than .08% BAC, you can be arrested and charged with DUI.
Here is an exception from the California Code.
California Vehicle Code §23540
(a) Punishment If a person is convicted of a violation of Section 23152 and the offense occurred within ten (10) years of a separate violation of Section 23103, as specified in Section 23103.5, 23152, or 23153, that resulted in a conviction, such person shall be punished by confinement in the county jail for not less than 90 days nor more than one year and by a fine of not less than three hundred and ninety dollars ($390) nor more than one thousand dollars ($1,000).
(b) Whenever, considering the circumstances as a whole, the court determines that the person punished under this section would present a risk to traffic safety or public safety if authorized to operate a motor vehicle during the period of suspension imposed under paragraph (3). ) of subdivision (a) of Section 13352, the court may deny the issuance of a restricted driver’s license required by Section 13352.5.
In general, when you receive a second DUI offense, you are looking at the following:
- Mandatory jail time of 96 hours.
- 18 months of DUI school
- 2 year driver’s license suspension
- Fines, fees and costs
- 3-5 years short probation
The best way to deal with a DUI is to not get one in the first place. You need to start taking steps to protect yourself.