Getting pulled over and arrested for a DUI is stressful in and of itself, but being arrested as a repeat offender is particularly taxing. Consequences for DUIs are harsh and can include license suspension, large fines, and even imprisonment. California law states that any person who has been convicted of driving under the influence more than once in the past ten years must be classified as a repeat offender. Individuals classified as repeat offenders face harsher penalties and less leniency than first time offenders. Additionally, much of your sentence may depend on the nature of your first DUI offense. As defending a second offense DUI is often more complex, you need a strong DUI defense lawyerto protect your rights. The Law Office of Christopher J. McCann, APC in Santa Ana is committed to helping individuals charged with second offense DUIs.
A second offense DUI can hold serious ramifications for your future, including mandatory imprisonment. In the State of California, a second offense DUI carries a potential sentence of jail time, 3-5 years of probation, one and a half years of DUI education classes, SR22 (or high-risk) auto insurance, and a two year suspension of your driver’s license. In addition to these penalties, there are up to $1000 in fines as well, with ‘penalty assessments’ tacked on, thereby increasing the amount of money you owe.
California has an ‘implied consent’ law, which legally requires drivers to submit to toxicological blood, urine, and breathalyzer tests for analysis. Those who comply with these tests can apply for a restricted ignition interlock license (IID), which allows them to drive to and from court approved activities, like work and school. Failure to comply with the implied consent law by refusing to cooperate with sobriety tests will result in the defendant not qualifying for an IID. For those allowed to apply for an IID, all individuals convicted of a second offense DUI in California are required to have the IID for at least one year.
A second offense DUI is quite serious and should not be taken lightly. It is necessary to mount a strong legal defense in order to protect your future. The Law Office of Christopher J. McCann is prepared to explore all avenues tailored to your individual case necessary to negate a conviction or negotiate a less harsh sentence. In order to do this, reasonable doubt must be established, and can be supported by challenging the admissibility and/or weight of the prosecution’s evidence. Reasonable doubt can often be difficult to establish, which is why it is so important to work with an experienced defense attorney, like the Law Office of Christopher J. McCann.
Facing your first DUI charge is stressful – facing your second is downright scary. The sooner you have an experienced defense attorney on your side, the better. At the Law Office of Christopher J. McCann, we are dedicated to protecting you and your rights following a second DUI charge. We will use our 15+ years of experience working closely with our clients to ensure that your future is secure. If you have been arrested or charged with a felony DUI, contact our office at 888-360-4256 or use our contact me online form to schedule a free consultation today. We are prepared to help you fight for your future in this difficult time.