2nd DUI Offenses Carry Much Harsher Risks in Sacramento

The Seco. DUI – CVC Section 23540

Getting a second DUI will expose you to harsher penalties than your first and you can expect the same significant financial expenses. Under California law. your penalties will increase if your second DUI comes within 10 years of your first conviction pursuant to California Vehicle Code Section 235. VC. Otherwise. it would be considered another “first-offense.”

CVC Section 23540 states in pertinent part:
“(a) If a person is convicted of a violation of Section 23152 and the offense occurred within 10 years of a separate violation of Section 23103 as specified in Section 23103.5, 23152, or 23153, that resulted in 3 conviction. that person shall be punished by imprisonment in the county jail for not less than 50 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). The person’s privilege to opera. a motor vehicle shall be suspended by the department pursuant to paragraph (3) of subdivision (a) of Section 13352..”

Steps to Take if Stopped for DUI

No one wants a second experience with a DUI but memories are fleeting and some motorists return to their old routine after the license suspension period has been served. fines paid. classes completed and the auto liability insurance premiums returned to some normalcy. But if you are stopped one evening after drinking. the same dreaded memories return. Even if you have not been drinking very mu. or had just a drink or two that may put you close to the legal limit of.013%. there are some steps you can take to minimize the evidence against you. Also be aware that the officer will know that you have had a previous DUI conviction putting you under automatic suspicion.

• Always have your insurance and registration information readily available. Having to fumble around looking for it is not a good first impression.
• Remain calm. If the officer asks you if you have been drinking. you are within your rights to politely inform the officer that you wish not to answer any questions.
• Though the officer will probably ask you to exit your car to perform some field sobriety tests (FST). which are a series of coordination tests such as walking a straight line, closing your eyes and touching your nose, politely inform the officer that you wish to not perform any tests.
• Also, you are not legally obligated to blow into the PAS. or preliminary alcohol screening test.

None of this is relevant if you are under 21 or if you are still on DUI probation as you will be required blow into the PAS. perform any F5T exercises and take the chemical or breath test.

To Take Use Brea. Test or Not

The officer, however, will likely ask you to submit a sample of your blood alcohol content (BAC) by blowing into a Breathalyzer at the police station. though there are portable stations or vans that can be summoned to the scene. A refusal can result in a 2-year suspension for a second DUI if upheld. It is not an easy decision whether to submit to testing at this point since the officer will have little evidence to prove your alleged intoxication if you declined to answer questions or perform any of the preliminary tests. though you should be cautioned that a refusal can be introduced as evidence at trial that you had a conscious belief of your guilt a. intoxication. You will have to introduce evidence rebut this. If you do submit and your BAC is at 0.08% or above, it creates a rebuttable presumption that you were under the influence of alcohol. If it is just at 0.08%, or slightly above. or even absurdly high. an experienced and resourceful California DUI defense lawyer can offer evidence. usually with a defense expert. to challenge the accuracy of the BAC results.

The Administrative Per Se Hearing

You should be aware of the civil proceeding. called the Administrative Per Se hearing. that concerns your driving privileges. You have only 10 days after your arrest to request a hearing or your 30-day temporary license will be revoked. This hearing is before a hearing officer and will determine:

• Whether probable cause existed for the officer to believe you were driving while under the influence
• If your arrest was valid
• Whether you were driving with a BAC of 0.08%

Your attorney can offer challenges to the chemical or breath testing protocol. chain of evidence. maintenance of the device and its accuracy. If you are successful. this can greatly influence the outcome &your criminal proceeding.

Penalties for a Second DUI

You can expect harsher penalties if convicted a second time for a DUI. As noted CVC Section 23540 imposes a jail sentence of 90 days, however, you can be sentenced to less time under CVC 23542:

“(a)(1) If the court grants probation to a person punished under Section 23540, in addition to the provisions of 23600 and any other terms and conditions imposed by the court, the court shall impose as conditions of probation that the person be confined in county jail and fined..”

The court is permitted in this instance to:

• Impose either 10 days incarceration or 96 hours, which can be served non-consecutively or 413 hours each time (2 weekends)
• Summary probation of 3 to 5 years
• A fine of $390 to $1.000
• Enrollment and completion of an IS-month MI program or a 30-month program
• You are eligible for a restricted license if not deemed a threat to public safety
• A one year license revocation
• A 2-year license revocation if you refused testing but you are not eligible rots restricted license
• Installation of an ignition interlock device on your car during the restricted license period
• Possible restricted license unless the court determines you pose a threat to public safety

Further. if you were still on court-ordered probation for a prior DUI when you were stopped for a DUI. the conditions of your probation will probably state that if the PAS or Breathalyzer detects any alcohol. or a reading of DOM. the Department of Motor Vehicles (DMV) will impose a 2-year license revocation. If you decline to take the PAS or Breathalyzer. the DMV can revoke your license for 3-years. You will also need an SR-22. or proof of financial responsibility. before the DMV will re-issue you a license.

Sentence Enhancements

Should you have had an accident resulting in serious bodily injury or death. you could face felony charges under PC 23153. or DUI with injury. This is a ‘,vol.!, offense meaning it can be charged as either a misdemeanor or felony.
CVC Section 23153 states:

“It is unlawful for a person, while under the influence of any alcoholic beverage, to drive a vehicle and concurrently to do any act forbidden bylaw. or neglect any duty imposed by law in driving the vehicle, which act or neglect proximately causes bodily injury to any person other than the driver.”

As a misdemeanor, you face:

• 5 days to one year in jail
• Between S390 and S5000 in fines
• 3, 9, 18 or 30-month participation in an alcohol or drug education program
• A 1 or 3-year license suspension
• Restitution to injured victims

Should you be charged with felony DUI with injury, you face:

• 2.3 or 4 years in state prison
• Fine between S1,015 and $5000
• An 10 or 30-month enrollment in a DUI education program
• Habitual traffic offender status for 3 years
• A 5-year revocation of your license

Other lines, jail and other enhancements apply for the following:

• Having a child under the age of 14 as a passenger-CVC Section 23572 {possible child endangerment charges are likely under PC 273(a)}
• Having a BAC of 0.35% or higher
• Refuse chemical or breathing testing
• Excessive speeding

The court can enhance your sentence pursuant to CVC Section 23578 for failing to take a blood test or for having a BAC of 0.015M or more. FOr example. if you are convicted of a DUI and were speeding more than 20 miles per hour over the speed limit on a roadway or 30 miles per hour over the highway limit. you will receive an additional 60 days in jail. For having a child passenger under 14. you face at least an additional 48 hours in jail.

Retain a California DUI Lawyer

If you were arrested for a DUI in California. contact a California criminal defense or DUI defense lawyer. You face considerable penalties including jail time. fines. loss of your license for an extended period Nat could be years and the social and financial consequences. Promptly consult a DUI lawyerif you are heing anyIX7I charge, Call (888)754-9860 Now!