2nd DUI Arrest
 If you have been arrested for a second-time DUI, you need an experienced and aggressive DUI lawyer to represent you. A 2nd DUI conviction in Orange County, regardless if you were arrested in Irvine, Newport Beach, Brea or any other city, results in severe consequences that may take away your livelihood, your freedom and your mobility. Call (949)275-6377 for a free case evaluation. You need to start preserving your legal rights and preparing your defenses now. You only have 10-days from the date of the arrest to request a DMV Hearing.
The Law
The law in California states that when a "prior conviction" exists within 10-years of the new DUI arrest, the new DUI will be charged as a Second. A "prior conviction" is a DUI, under Vehicle Code section 23152(a), Vehicle Code section 23152(b), Vehicle Code section 23153(a), Vehicle Code section 23153(b), or a conviction for a "wet reckless", a violation of Vehicle Code section 23103.5.
The Criminal Consequence
A 2nd DUI carries 96-hours to one-year in the county jail. In Orange County, it is not uncommon for a 2nd- time DUI offender to receive 45 - 90 days in jail depending on the circumstances of the current offense, the length of time between the current and prior offense, and if a probation violation occurs as a result of the new DUI offense. A 2nd DUI also has a fine of $390 - $1,000 (plus court costs and taxes called penalty assessments). You need to call me immediately so you have an experienced DUI Attorney to help you negotiate this sentence so you do not go to jail while investigating your case to the fullest for possible defenses (see below).
The DMV Consequences
As a result of a 2nd DUI arrest, the Department of Motor Vehicles (DMV) will also commence action on the driver's license (APS Hearing page). To fight the DMV action, a hearing must be requested 10-days from the date of arrest. The driver's license may be suspended for 1 year (or longer if there was a refusal to take a chemical test) by the DMV. If there is a conviction by the court, there will be a 2-year action against the driver's license. However, 90-days after the court conviction, DMV will allow you to obtain a driver's license as long as you are enrolled in the 18-month DUI program, have an SR22 from your insurance agent and have an ignition interlock device (IID info) placed on the vehicle.
Defenses
- validity of prior conviction
- illegal police stop
- field sobriety testing
- arrest issues
- police procedures
- breathalyzer results
- blood results
- advisements
- DMV forms
- timelines
DUI Charges Main Page:
DUI Charges in Orange County California
An experienced Orange County DUI attorney can analyze all the evidence, understand the legal ramifications and defenses, and present those defenses and mitigating factors. I am a member of the National College of DUI Defense and understand the challenging Court and dmv issues of a DUI case. Call me immediately for a free consultation (949)275-6377.
YOU NEED a Lawyer in Orange County experienced
in DUI cases.
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