California is very hard on drivers who get convicted of second, third or multiple DUI’s within a ten year period. Aside from the large fines, license suspension and lengthy DUI classes that drivers are required to take if convicted of a multiple DUI/ DWI, there are also mandatory jail terms imposed. But these harsh penalties only have to be experienced if an accused is actually convicted in court or loses the DMV administrative hearing (called an administrative per se hearing). Any issues regarding the reliability of the evidence, or the legality of the initial detention and arrest, could result in an accused avoiding the stigma and penalties of a multiple offense DUI. In addition, even in cases where the evidence supports a conviction and/or suspension, a knowledgeable DUI lawyer can sometimes help a client avoid certain penalties such as jail, which appear mandatory. Depending upon the facts, live-in alcohol programs offered in Los Angeles, or home detention through the Los Angeles Sheriff’s Department could be an alternative to a jail sentence.
The Minimum and Maximum Penalties for a Second DUI Conviction in Los Angeles County:
Assuming no injuries occurred as a result of the DUI, a second DUI conviction involving an arrest within 10 years of a previous arrest, will bring a minimum penalty of 96 hours of county jail, a $390 fine plus penalties and assessments (totally about $1850), an 18 month DUI class (SB38), or a 30 month alcohol treatment program, a 2 year driver’s license suspension, which can be reduced to 90 days or one year depending upon the jurisdiction. In Los Angeles any DUI conviction triggers the requirement of an ignition interlock device, but on a second offense you can get your driving privileges reinstated after 90 days if you have an IID installed, are enrolled in the SB38 DUI class and have an SR22 on file.
The maximum penalties for a second offense DUI conviction brings a $1000 fine plus penalties and assessments, up to one year in county jail, a two year suspension on your drivers license, an interlock device for 12 months, an 18 month or 30 month alcohol program, and up to 30 day impoundment of your vehicle.
CALL ANN GOTTESMAN, AN EXPERIENCED LOS ANGELES DUI ATTORNEY FOR A FREE CONSULTATION
Since the penalties for a conviction of a second or multiple offense DUI in Los Angeles and other California counties are so high, it is important to have a knowledgeable Los Angeles DUI attorney fighting for your freedom and your driving privileges. While not every case can be won, many cases can be, and sometimes DUI cases that at first appeared hopeless, turn out to have flaws that would not have been uncovered if the accused did not have a diligent and knowledgeable attorney.
If you have been arrested for a second time DUI or DWI, call Los Angeles DUI attorney Ann Gottesman for a free consultation. She will listen to you and give you an honest assessment of your case.
Los Angeles DWI Resources and Links:
The Los Angeles Police department is broken up into four main geographic areas including the South Bureau, Central Bureau, West Bureau and Valley Bureau. A traffic division is assigned to patrol each area. The officers in each traffic division are responsible for patrolling and enforcing the traffic laws in there area. Many of these LAPD officers are experienced in DUI and hit and run criminal investigations.
CDLA is a very reputable and respected DUI criminal defense bar association comprised of some of the most successful and knowledgeable DUI and DWI attorneys in the country and California. Ann Gottesman is an active member in CDLA and attends the numerous driving under the influence seminars that the association presents. New laws concerning drivers who drink and other criminal law issues are a focus at such seminars. California DUI Lawyers Association also teaches DUI attorneys how to excel in their profession presenting seminars that address how to analyze and present technical and forensic evidence to the Court and a jury in a DUI case. The CDLA attorney directory is a good resource for finding a knowledgeable DUI lawyer in your local area.
The California Department of Motor Vehicles' website has a page of information that answers common questions regarding IID installation requirements in the pilot counties as well as in non pilot counties. In Los Angeles county a first offense conviction will require the installation of an IID in a vehicle, unless you are eligible for a waiver. Motorcycles can not have an interlock device installed.