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Depending on the circumstances of your case we can employ a number of potential defenses in a second time DUI to potentially reduce charges or get a case dismissed:. If the officer cannot establish to the court, probable cause for the arrest than we may be able to suppress any evidence through a suppression hearing.
4. What is the Punishment for a DUI with Injury?
For example many officers do not take into account medical conditions, structure of pavement when administering the field sobriety tests. If you have a good defense or the prosecution believes there is some weakness to the DUI charge, such as an exact 0.
However, note that a wet reckless is still a prior offense on your record and if you are convicted of another DUI within 10 years of the wet reckless, the DUI will be considered your second DUI and the penalties will be applied accordingly. An aggravating factor is an additional charge that can affect the penalties of your DUI and the following is a non-exhaustive list.
California's DUI Laws and Penalties
It is likely that your probation will be revoked and the penalties associated with your second DUI will be much harsher than if you were no longer on probation. Furthermore, the DMV will suspend your license for a period of 1 year before you are eligible for a restricted license.
The suspension will be a total length of 2 years. If you refuse one or both times when arrested, the punishments will be much harsher.
Additionally, if you refuse a breathalyzer test you will not qualify for the limited privilege of a restricted license. The Judge does not have the discretion to delete the jail time in a 2nd offense DUI. It is set by the legislature by statute.
State-by-State DUI Penalties
License Suspension 3. DUI Classes 4. AA Classes 5. Ignition Interlock Device 6. Legal Defenses 7. No Probable Cause 8. Police Misconduct 9. Rising Blood Alcohol FAQ Request A Free Consultation.
The legislature extended the program and now there is a talk of extending this pilot program to the entire State. The defendant can opt out to participate in the program with a wet reckless conviction but not with an APS suspension.
DUI laws in California - Wikipedia
By law, the court on a second offense DUI conviction must impose a multi-offender alcohol education program which is eighteen months long. Because the alcohol education program is administered by private companies, the prices will range and the cost of an eighteen months program is much higher then the cost of a first offender DUI program.
It is a common practice to separate punishment statutes from the element of the offense statutes in California statutory scheme. A good time work time is a provision of a penal code authorizing a day of credit for each day in the county jail when a defendant serves at least 4 days in the county jail.
In Los Angeles county, this requirement is often ignored and a defendant sentenced to 96 hours in the county jail is likely to be released within one day. There are several possible substitutes for jail time that might or might not be avaliable in your county. We can help defend even the most difficult of cases. We are dedicated to our clients and will do anything we can to get the best deal possible for you or your loved one. Second DUI in California jail time mandates at least 96 hour of custody.
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