2nd DUI Conviction Consequences in California CA within 10 Years

Speaker 1:        Hi. I'm Don Hammond, your local DUI attorney and criminal defense hero.

                        Today I wanna talk about consequences of a second DUI conviction within 10 years.

                        When you're charged with a second DUI within 10 years, uh, that kicks off two separate process. Just like what happened the first time. Uh, the DMV will want to suspend your license for a longer period of time. And the court will want enhanced penalties.

                        Today I'm gonna focus on [00:00:30] the court side of things and in court on a second DUI you're facing a maximum of one year in the county jail and a maximum fine of 2000 dollars with penalties and assessments comes out to about 10000.

                        What we see typically in a second DUI case is an 18 month alcohol education program. At least 96 hours in the county jail. Up to about 30 days is typically what they ask for. We're usually pretty good at negotiating it down on that to about four days. So [00:01:00] you go in on a Friday, you're out in time to go to work on Monday is what we typically see.

                        You'll do that 18 month program. You'll do the hospital and morgue program which is a two day program. You spend a day at the hospital and a day at the morgue, uh, seeing pictures and things to scare you away from drinking and driving again hopefully and a mothers against drunk driving program which is about a two hour program, uh, designed to make you aware of people who have lost loved ones to, um, people who were driving after drinking. [00:01:30] And hopefully scare you away from that type of behavior in the future.

                        So on a second DUI typically you're looking at a little bit of jail time. You're looking at a fine, uh, that's about 500 dollars plus penalties and assessments comes out to about 26, 2700 dollars in fines. You're looking at a longer DUI school ... on your first one you probably did a six month program. Possibly a six or nine month program if there were aggravating factors. But on a second one you're gonna be looking at a 18 month repeat offender DUI class [00:02:00] which will go once a week and get that alcohol education.

                        Then you're gonna do that MAD program, the HAM program and, uh, we really need to look at additional options including diversion programs for substance addiction or mental health diversion programs to help make sure that we minimize the consequences on a second DUI.

                        of course there are defenses available. Uh, including whether the blood or breath machines were working properly, whether you were [00:02:30] probably [inaudible 00:02:30] from your major choices at the side of the road and at the police station, whether the police procedures were adequate to, uh, make sure that they collected the evidence properly. There are a lot of things that we're gonna look at to make sure your rights are protected.

                        But if you are convicted I hope you have a little more information now about what you're facing and please give me a call tripe eight DUI hero so we can properly evaluate your case and make sure your rights are protected.

                        Remember on the second DUI just like a first, you only have [00:03:00] 10 days to request a DMV hearing otherwise your license will be automatically suspended.

                        I'm Don Hammond, thanks for listening.

 

Don Hammond