Rancho Cucamonga Second DUI Offense Lawyer

Facing a second DUI charge can be overwhelming. There are fewer options to reduce the charges, and the penalties are much higher. If your first charge happened less than 10 years previously, that can impact your sentence if convicted. A Rancho Cucamonga second DUI lawyer can help you through the criminal court process and help you schedule your hearing with the Department of Motor Vehicles (DMV) to stop the license suspension.

Hire a Second DUI Lawyer

The penalties for a second DUI could result in jail time, large fines, and a longer driver’s license suspension. It is wise to hire a second DUI lawyer to review your case and provide guidance throughout the criminal court process and the DMV hearing. At Kolacia Law, we understand how stressful it can be to handle a DUI charge. Our team has over 15 years of experience handling criminal law cases in California.

California DUI Rates

In 2023, according to the National Center for Statistics and Analysis, 12,429 people were killed in the United States in alcohol-impaired crashes. During that same time, in California, 1,355 people were killed in alcohol-involved crashes.

In Rancho Cucamonga, a total of 506 fatal and injury crashes occurred during 2023. Of those crashes, 66 involved alcohol. In the same year, 173 arrests were made for suspected DUI.

After a DUI arrest, you have to request and attend a DMV hearing to challenge the automatic license suspension. Residents of Rancho Cucamonga can attend their hearing at the San Bernardino Driver Safety Office. The criminal case is handled by the San Bernardino Superior Court at the Rancho Cucamonga Courthouse.

Second Offense DUI

The actions that can result in a DUI charge are defined under California Vehicle Code 23152. Generally, drivers who have a blood alcohol content (BAC) above 0.08% are considered impaired. When a second DUI charge is filed within 10 years of the previous one, it is treated as a second DUI. This includes a first charge for a wet reckless, which is a common charge reduction for a first-time DUI offense.

Penalties

Compared with a first-time DUI offense, the penalties for a second DUI offense are more severe. Judges have some discretion when sentencing, but penalties often include:

• Fines from $390 to $1,000
• Jail sentence from 96 hours up to one year
• Informal probation from three to five years
• Additional probation conditions as decided by a judge
• Mandatory DUI education program for either 18 or 30 months
• Driver’s license suspension for two years

Ignition Interlock Device

In California, judges have the discretion to require a DUI offender to install an IID device on every car they own as part of their DUI conviction requirements. An IID is not often required for a first-time DUI offense, but it is becoming more common for repeat DUI offenders. For a second DUI offense, an IID is often required for one year.

An IID requires the driver to blow into the device and register their BAC before the car can start. In some cases, the device requires a new sample periodically, or the car becomes undrivable. Provided samples are logged, and the information is accessible to the court. The IID is calibrated for the driver, so samples provided by someone else are logged and may result in criminal charges.

If an IID is required by the court, the offender is responsible for paying for the device. Only certified facilities can legally install an IID device. Generally, you have to pay:

• Security deposit for use of the device
• Installation fees
• Monitoring fees
• Periodic calibration fees

Aggravating Factors

The penalties associated with a second DUI offense are harsher if there are aggravating factors associated with the offense. In some cases, a second DUI could be treated as a felony instead of a misdemeanor if there are several aggravating factors or if a severe injury or death occurred. Common aggravating factors include:

• A high BAC of 0.15% or more
• Excessive speeding or reckless driving
• Accidents causing significant property damage
• Driving with a minor in the vehicle
• Refusing chemical testing
• Being under 21 years of age

License Suspension

When charged with a second DUI offense, the DMV is automatically notified, and a one-year license suspension automatically occurs 30 days from the original date of the arrest. You have 10 calendar days from the date of the arrest to request a DMV hearing to challenge the automatic suspension. It is a good idea to have a Rancho Cucamonga second DUI attorney represent you during the DMV hearing.

At the DMV hearing, the arresting officer presents evidence, often including the police report and the results of the chemical testing. You also have the opportunity to submit your own evidence and offer counterpoints to the evidence presented against you. If your hearing is successful, your license is not automatically suspended. If the hearing does not go in your favor, the license suspension is upheld.

Dismissal

If your DUI charge is later dismissed, or you are acquitted, the license suspension may not automatically be lifted. An experienced DUI attorney can help you regain your driving privileges. If you are convicted of a second DUI offense, your license may be suspended for up to two years. If your second DUI is charged as a felony, if you refuse chemical testing, or if you receive an underage DUI, you have to wait one full year before applying for a restricted license.

If your second DUI offense does not meet any of those requirements, you are eligible to apply for a restricted license after serving 90 days of your license suspension. The DMV offers two types of restricted licenses:

1. You can opt to have an IID installed. If the court has ordered the use of an IID, this is a good option to regain your driving privileges.
2. You can apply for a restricted license that only allows you to travel for work or to complete court-ordered educational or treatment programs.

Defense Strategies for Repeat Offenders

Facing charges for a second DUI may seem overwhelming, but there are defense strategies that could lead to the charge being dismissed or to lighter sanctions. Some common defense strategies include:

• Contest the legality of the initial traffic stop
• Argue that any field sobriety test results were obtained incorrectly
• Dispute the observations made by officers at the scene
• Challenge the accuracy of chemical testing
• Proving you were not over the legal limit or that you were unaware that you were intoxicated

FAQs

Q: How Much Does a Second DUI Cost in California?

A: The cost of a second DUI in California is high. In the short term, you may have to pay attorney fees, bail, and any fines. You also have to pay the fee to attend the mandatory DUI educational program. IID devices require an initial installation fee and continuous maintenance and calibration fees. If your vehicle was towed and impounded, there is a fee to release it. Long-term fees include increased insurance premiums and probation fees.

Q: What Happens if You Get a Second DUI in California?

A: Getting a second DUI in California comes with harsher penalties than a first-time DUI. In addition to the standard penalties, you are more likely to be required to install an IID on any vehicle you own or drive. If there are aggravating factors, the penalties are even more severe.

You could also face higher insurance premiums, difficulty finding employment without a clean driving record, loss of any professional licenses you hold, and a conviction being added to your criminal record.

Q: How Can You Avoid Jail Time for a Second DUI in California?

A: Some methods could allow you to avoid jail time after a second DUI in California. If a conviction is likely, there are negotiation options that may result in little or no jail time. House arrest allows you to serve your sentence in your own home. Alternative work programs allow you to work off the jail time owed through community labor. Work furlough programs allow you to work during the day and stay in a county dormitory at night.

Q: What Is the Most Common Sentence for a Second DUI in California?

A: The sentence for a second DUI in California is determined based on numerous factors of the case and the individual being charged. A second DUI carries mandatory jail time, but an experienced attorney can negotiate for time served or for alternative sentencing. You can also expect large fines and fees, probation, a multi-offender educational program, and the possibility of license suspension or the installation of an IID.

Q: Is It Worth Getting a Lawyer for a Second DUI?

A: Yes, it is worth getting a lawyer if you are charged with a second DUI. The penalties for a second DUI are harsher than those for a first-time DUI conviction and could include mandatory jail time. A DUI lawyer can negotiate for alternatives to jail. A DUI lawyer can also represent you during the DMV hearing to challenge the automatic license suspension. Having a lawyer with exceptional negotiation skills can also be useful during a second DUI offense case.

Contact Kolacia Law Firm

The Kolacia Law Firm office is located in Rancho Cucamonga, but we have represented clients throughout San Bernardino, Riverside, and Orange Counties. As a former prosecutor, Attorney Kolacia understands the methods prosecutors use to secure convictions and can formulate defense strategies to counter these methods. Contact Kolacia Law Firm today to schedule your initial consultation.