2nd DUI California Penalties

Getting arrested and having a second DUI California penalties can definitely be a very stressful experience to anyone.  You not only get a suspension on your driving license, you can also be facing criminal charges as well.  If you had been formerly convicted of driving under the influence, the penalties will always carry a heavier burden than for first-time offenders.

Under the state law of California, getting another conviction of driving under the influence within a 10-year period already counts as recidivism.  Under this subsequent conviction, you will have lesser leniency from the law and your former conviction will be a great indicator as to the severity of the punishment that will be imposed on you.

Under the DUI law, nobody shall be allowed to drive a vehicle if they have a blood alcohol content of 0.08% or greater.  If you are under the age of 21, however, the rules become more stringent requiring only BAC of 0.01% or higher to gain a conviction.  As for commercial vehicles, the limit is at 0.04% and higher.  You can therefore be arrested and convicted for driving under the influence based on the said restrictions.

If you have already been charged of driving under the influence for the past 10 years, you may have harsher second DUI California penalties for your second offense.  It includes a driver’s license suspension for one year, undergoing a compulsory treatment for alcoholism, and you may even incur jail time as well.  The law would also require you to have an SR22 insurance, which is a more expensive insurance reserved for drivers at higher risks, once your license had been restored.  You will need to subscribe to this insurance for up to three years depending on your case. An SR22 insurance comes at twice and even thrice the rate of an average car insurance and this cost can almost be prohibitive.

If you refuse to undergo a breathalyzer test for the second time, you will also incur the same punishment as that of a 2nd DUI offender.  The only difference is that you may be entitled still to a restricted license after your conviction.  Hence, you can still drive to places which the court has approved.  A violation of the state’s “implied consent law” however will not enjoy the same treatment.

If you are charged with a second DUI offense in California, you may obtain the services of an excellent attorney who will be able to represent your case according to your best interests.

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Law Offices of Mark A. Gallagher

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