Your 2nd DUI Offense
Your 2nd DUI offense is serious business. Of course, you know that since you’ve already been by this once before. You understand that Criminal Courts are challenging on DUI offenders and also you should be concerned.
If you’re on your 2nd DUI offense may need a good lawyer who understand 2nd DUI offenses. However, 2nd DUI offenses aren’t always tougher to beat than a 1st DUI offense. It all depends on the evidence that the DA has, which like your first DUI offense, may be substantial, or with this 2nd DUI offense can be minimal. However your 2nd offense may have much harsher penalties.
The legal limit in most states for Blood Alcohol Content is.08%. This is the same in spite of of whether it’s your 1st DUI or 2nd DUI offense. It makes no difference if you had a prior offense or conviction. If you are found in operation of a means with over.08% BAC, you can be arrested and charged with DUI.
Here is an except from the California Code.
California means Code §23540
(a) Punishment If any person is convicted of a violation of Section 23152 and the offense occurred within ten (10) years of a separate violation of Section 23103, as stated in Section 23103.5, 23152, or 23153, which resulted in a conviction, that person shall be punished by imprisonment in the county jail for not less than 90 days nor more than one year and by a fine of not less than three hundred ninety dollars ($390) nor more than one thousand dollars ($1,000).
(b) Whenever, when considering the circumstances taken as a whole, the court determines that the person punished under this section would present a traffic safety or public safety risk if empowered to function a motor means during the period of suspension imposed under use (3) of subdivision (a) of Section 13352, the court may disallow the issuance of a restricted driver’s license required under Section 13352.5.
In general, when you get a 2nd DUI offense, you’re looking at the following:
- Mandatory jail time of 96 hours
- 18 months DUI school
- 2 years driver’s license suspension
- Fines, fees, and costs
- 3-5 years court probation
The best way to deal with a DUI, is not get one in the first place. You need to start taking steps to protect yourself.