SECOND DUI OFFENSE ORANGE COUNTY CA
Driving under the influence of alcohol or drugs is a crime in every state, and needless to say, the penalties you will face with a second DUI conviction in Orange County are more serious than a first DUI offense. The consequences of a DUI conviction can pervade nearly every aspect of your life, possibly impacting your future employment opportunities, professional licenses, school applications and your right to possess firearms. If you are facing charges for a second DUI offense in Orange County, don’t wait to hire an experienced DUI defense attorney to protect your legal rights. Our lawyers at Seyb Law Group have more than 60 years of combined criminal defense experience and have helped thousands of Orange County residents defend themselves against drunk driving charges, and we will work tirelessly to get your second DUI charges reduced or dismissed altogether. Contact Seyb Law Group today for a free, no-obligation DUI defense consultation.
Affordable Orange County DUI Defense Attorney
When you are facing charges for a serious crime like drunk driving, choosing the right criminal defense attorney to represent your case is one of the most important decisions you will make. You want an attorney with an intimate understanding of Orange County DUI law, who will ask the tough questions, analyze every aspect of your case, challenge the prosecution’s evidence against you and present a strong defense in court. At Seyb Law Group, we give our clients the personalized attention they deserve and that, paired with our extensive legal resources and proven history of success in defending DUI cases in Orange County, sets us apart from other Southern California criminal defense law firms.
DUI laws in Orange County are complex and constantly changing, and if your attorney doesn’t have a clear understanding of the intricacies of these laws, you are the one who will pay the price. At Seyb Law Group, our seasoned attorneys are passionate and aggressive, and together, our legal team has helped hundreds of Orange County residents get their drunk driving charges reduced or dismissed. Our main goal is to help you get the best possible outcome in your Orange County DUI case and that means personally handling each and every aspect of your defense. In other words, we don’t pass DUI cases off to junior attorneys. When you hire Seyb Law Group, you work directly with a top Orange County criminal defense lawyer with extensive experience defending DUI cases. Contact Seyb Law Group today for a free initial consultation.
Driving Under the Influence – Second Offense
In the state of California, it is against the law for any person under the influence of alcohol who has a blood alcohol concentration (BAC) of 0.08% or higher to operate a motor vehicle, and any person under the age of 21 or driving a commercial vehicle is subject to more stringent standards under Orange County law.
California DUI Vehicle Code § 23152 (a) VC
Vehicle Code § 23152 (a) VC is the law in Orange County that makes it a crime to drive under the influence of drugs or alcohol. Driving “under the influence” means that your physical or mental abilities are impaired enough that you are no longer able to drive as well as a cautious sober person. In the state of California, a motorist can be prosecuted for drunk driving under this statute even if their BAC is below the legal limit.
Penalties for a Second DUI Conviction in Orange County
Most second offense Vehicle Code § 23152 (a) VC charges are prosecuted as misdemeanor offenses in Orange County but the criminal penalties imposed on second DUI offenders are up to the prosecution and the court. For instance, the state of California sets a statutory minimum jail time of 96 hours for a second DUI conviction, but the prosecutor has the right to push for an extended sentence, and likely will. There are also certain aggravating factors that can elevate a second DUI to a more serious offense, including being charged with a DUI speeding enhancement, having a BAC of 0.15% or higher, driving under the influence with a child in the car, or injuring someone in a DUI accident. In most cases though, the standard penalties associated with a second DUI conviction in Orange County include the following:
- Up to $1,000 in fines, plus additional fees and costs
- A minimum of 96 hours to a maximum of one year in jail
- Two-year driver’s license suspension, plus a 12-month administrative suspension for DUI offenses involving a BAC of 0.08% or more
- Three to five years of informal probation
- An 18-month or 30-month alcohol education program
Additional Punishments for Second DUI Offenses
In addition to these considerable criminal penalties, there are other punishments that can be levied by the court for a second-time DUI offense. For example, second DUI offenders may be required to install an ignition interlock device (IID) in their car as part of their Orange County DUI penalties. An IID, a small device wired to the car’s ignition that requires a breath sample before starting the car, may also be required if:
- You refused the chemical test
- You had moving violations prior to the DUI
- You had a BAC of 0.15% or higher
- You’ve been convicted in Los Angeles, Sacramento, Alameda or Tulare Counties
DMV Hearing and Criminal Court
When you are arrested for drunk driving in Orange County, you will face two separate proceedings: an administrative DMV hearing and a criminal court case. After the arrest itself, the officer will take your driver’s license and issue you a temporary permit, usually good for 30 days. You will then have only ten days to request a hearing with the DMV, the sole purpose of which is to decide on the suspension or revocation of your license. According to the California DMV website, the hearing “is an administrative proceeding regarding your driving privilege and the circumstances surrounding the arrest, not whether you are innocent or guilty of a criminal act.”
The good news is, if you win the DMV hearing, you can avoid having your driver’s license suspended, although this result will have no bearing on the outcome of your criminal case. However, if you miss the deadline to request a DMV hearing, you will forfeit the ability to challenge the suspension and your license will automatically be suspended at the end of the 30-day period. The criminal aspect of your DUI case is completely independent of the DMV hearing, but if you hire a private attorney, he or she will most likely represent you at both the hearing and the criminal trial.
What to do After a Second DUI Arrest
Any time you are facing second DUI charges in Orange County, your freedom is on the line. With this in mind, it is imperative that you understand your legal rights and remember that anything you do or say following a DUI arrest can be used against you in court. The following are the two most important things you can do to protect yourself after an Orange County DUI arrest.
Don’t Talk to the Police
A DUI arrest is scary and confusing, and the legal system is wrought with twists and turns designed to trip you up. Keep in mind that you have significant rights, even when you are under arrest or in police custody, and these rights include the right to remain silent. Too often, individuals arrested for drunk driving try to explain their way out of being charged and only succeed in making the situation worse by accidentally letting incriminating statements slip. Whether you have been arrested before or this is your first run-in with the law, it is almost always in your best interest to keep quiet until you have consulted an attorney. The police have the power to question you without your attorney present, but you are not obligated to answer, and your silence alone is not reason enough to convict you of the crime, nor is it considered obstructing justice, so long as you do not willfully “resist, delay or obstruct” the police officer in the performance of his or her on-the-job duties.
Contact a Knowledgeable DUI Defense Attorney
After being arrested for drunk driving in Orange County, you may feel lost and overwhelmed with the idea of navigating the complicated legal system on your own. Fortunately, you don’t have to. Your first course of action after your DUI arrest should be to hire an aggressive and competent Orange County DUI lawyer who will immediately begin working on your defense. After all, the best defense strategy in DUI cases is one that is prepared as early as possible. For the best possible defense in your Orange County drunk driving case, be sure to contact a DUI defense attorney immediately following your arrest.
Orange County Second DUI Defense
Under Orange County criminal law, you have the right to defend yourself against any criminal charges you are facing, including a second-time DUI, and in Orange County drunk driving cases, there are a number of legal strategies your attorney can use to defend you against charges that could affect the rest of your life. For instance, there is a strict protocol Orange County police officers must follow when making a determination about a motorist’s level of intoxication, if any, and making a DUI arrest, and if they deviate from this protocol by improperly administering a Field Sobriety Test or mishandling evidence, this could become a strong component of your defense strategy.
Best Defense Strategies in Orange County DUI Cases
A DUI defense lawyer with experience representing drunk driving clients in Southern California will have extensive knowledge of Orange County DUI law and valuable information about which defense strategies are most effective in Orange County DUI cases, thereby improving your chances of a favorable outcome in your case. Some potential DUI charge defenses your attorney may be able to use in your case include the following:
- The DUI arrest was unlawful
- You successfully performed the Field Sobriety Tests
- The Field Sobriety Tests were conducted improperly
- The BAC results from the breathalyzer test were inaccurate
- Your Miranda rights were violated
- Evidence relating to the blood or breath test was mishandled by police
- There is not enough evidence to support the DUI charge
- The arresting officer did not have probable cause to make the initial stop
How Hiring a DUI Defense Attorney Can Help
Any one or more of these defenses can be used in your Orange County DUI case. However, the defense strategy your attorney decides to present in court will depend a great deal on the exact details of your case. As such, it is best to have an experienced criminal defense attorney assess the specifics of your case to determine what defense is likely to be most effective in challenging the charges against you. Every DUI case is different and a knowledgeable lawyer who has experience representing Orange County drunk driving cases can significantly improve your chances of obtaining a favorable outcome at trial by doing any or all of the following:
- Researching, preparing, filing and arguing motions to exclude evidence or dismiss the case
- Outline all possible legal defenses for your case and determine which defense is the strongest
- Take your case to trial and argue any holes in the prosecution’s case or the existence of reasonable doubt
- Provide the court with information about you, your career and your character as mitigating evidence
- Negotiate with the prosecutor with the goal of getting your charges reduced or minimizing your punishment
Contact our DUI defense lawyers at Seyb Law Group and let our legal team protect you from significant legal penalties that can affect the rest of your life.
Contact Our Knowledgeable DUI Defense Attorneys for Help
Being convicted of driving under the influence of drugs or alcohol as a second offense, even if the DUI doesn’t cause any accidents or injuries, can lead to serious criminal penalties. The legal consequences associated with a second DUI conviction in Orange County depend on the specific circumstances of your case, but may include jail time, probation, significant fines, community service and a suspension of your driver’s license. If you are facing drunk driving charges in Orange County, contact our DUI defense attorneys at Seyb Law Group as soon as possible. With our reputable Orange County criminal defense lawyers on your side, you can ensure that your legal rights are protected and improve your chances of getting the best possible outcome in your DUI case.