When you are arrested for a DUI, you face two different government actions against you. You face an action from the DMV and from the criminal court. The DMV seeks to take your license away from you. The criminal court seeks to take your license away from you as well. The criminal court also seeks to impose punishment in terms of jail and probation for a DUI conviction. The chart that I have included below is a chart that I give to my clients who are facing a second DUI offense. This chart summarizes the two actions against the driver.
In essence, what you should know is that, usually, the worst case scenario concerning your license, is that it will be suspended for (at least) 90 days. The good news is that an experienced DUI attorney can help you to get a license that will allow you to drive anywhere after having served 90 days of the suspension. In order to get this license, you will have to be convicted in court of a 2nd DUI offense, install an ignition interlock device on your car, enroll in an 18 month DUI school, obtain an SR-22 insurance policy and pay DMV $125.
Additionally, the attorney can help the driver to minimize his/her consequences in court, i.e., to avoid jail, minimize the community service time, and possibly reduce the fine. Getting a second DUI poses significant ramifications in court. Generally, a driver is facing a significant jail sentence that varies between the Bay Area Counties from 20 to 60 days. If the driver was on probation for a DUI at the time of the new DUI offense, the driver can be looking at even more punishment.
To go over all of the details of a second offense DUI and how we can help, give us a call today.