2nd Dui In California

Driving under the influence of alcohol is considered to be a serious offence in the state of California and invites serious penalty imposed by strictly formed law that is highly capable of deterring the offender from such activities as DUI Consequences.

The penalty imposed depends on the number of times the similar offence has been committed in the past.

A fresh offender faces considerable punishment and in the repeated cases, the penalty and jail time is rendered severely. Northern California bay area counties, all have taken up this issue very seriously and the legal provisions adhered by them may vary slightly but are equally stringent.

2nd DUI in California penalties – Fees, Arrest and Fines

Section 23152 of California Vehicle Code comes into work when such circumstances arise. As per this section, if the offense is committed within 10 years of the first case that was in violation of Section 23103 causing conviction being in consonance with Section 23103.5, 23152, or 23153 then it will be considered as Dui Second offense. In such matter, the minimum jail time to be faced by the person is 90 days and it can be extended till 1 year if the judge finds that aggravating factors are present in the cases which are mentioned above. The minimum fine to be imposed in such cases is three hundred ninety dollars and in case the act is highly negligent then the fine may increase up to one thousand dollars. Such penalized driver can be issued restricted drivers license under Section 13352.5 but if the court finds that the same can be harmful for public safety then such allowance can be cancelled.

Probation

Some conditions are imposed before allowing probation to a second time offender for driving under the influence. The condition includes the penalty mentioned in the above paragraph for confinement in County Jail. The second condition varies slightly as it puts the minimum period of confinement to 96 hours and keeps rest of the conditions same.

Second DUI Conviction California

For inviting Second Conviction under DUI laws it is important that such offence is committed for the second time by the same person who is Drunk and driving. If the person commits the DUI offence twice within a period of 10 years then the second conviction under DUI laws will be imposed which are more stringent than the Dui California First Offense. The legislative intent behind such provision is that a person should never be able to take such laws casually as the repetition will always cost him more than the initial stage. Also the discretion of the judge plays a major role in DUI conviction and a person should never assume that he will get the minimum punishment prescribed in the statute because that rarely occurs. Punishments are generally very severe especially in case of second time offence.

Fighting a DUI

An attorney is very essential for fighting a case of Fresnodui because the above mentioned penalties are the minimum allowed under the statute and the judge may impose much more severe punishment than the minimum numbers.

In the struggle of getting the minimum possible punishment, it is very important to hire an attorney whose expertise in the field can help you to plead the case in your favor.

Another contributing factor is the level of DUI. In non enhanced conviction then the penalties are generally lighter. This happens when the influence of alcohol is not further supplemented by any “aggravating” factor. If the person has a child along with him who is below 14 years, or if he does not have a valid license during such driving or if his alcohol level is found above .20, then that will amount to aggravation of the offence and that will be clearly visible in his penalties.