Second or Multiple DUI Charges

The emotional and psychological impact of navigating the legal system, dealing with stigmas associated with a DUI, and managing the impact on personal and professional relationships can be overwhelming. To protect your freedom and rights, seek legal counsel immediately.

For experienced defense against multiple DUI charges in Orange County and Southern California contact attorney Halley J. Peters of HJP Legal at (949) 340-0102

Second DUI Offenses in California

Second-offense DUI charges (California Vehicle Code 23540) result in even harsher penalties. With a previous conviction on a DUI or a “wet reckless” offense within the last 10 years, a subsequent DUI conviction will result in heightened penalties as stipulated by California Vehicle Code Section 23540.

This means longer jail time, more expensive fines, and a more extended DUI program and SR-22 filing requirement. California Vehicle Code Section 23540 lays out precise and obligatory penalties that apply to individuals convicted of a second DUI offense.

Those include:

• The potential jail sentence for a second DUI offense is heightened to a minimum of 96 hours in the county jail, with a maximum duration of 1 year.

• The fine for a second DUI offense in California falls within the range of $390 to $1,000 and is typically higher than the fine for a first offense. Additionally, the court may impose penalty assessments, which are often multiplied by a factor of five. Consequently, a $390 fine with penalty assessments could amount to approximately $1,950.

• Jail time or community service may be completed in place of fines.

License Suspension

A 2nd DUI charge and resulting conviction, within 10 years of your prior offense, results in suspension or revocation of your license for one year at a minimum.

In California, according to a new statute known as SB 1046, those arrested for their second DUI after January 1st, 2019, may have an ignition interlock device installed on their vehicle(s) for the purpose of operation by a person with a restricted license.

Subsequent DUI Charges (THE PENALTIES INCREASE SEVERELY)

A Third DUI Offense

Some drivers in California can be labeled “Habitual Traffic Offenders” (“HTOs”). After a third DUI conviction in the state of California under Vehicle Code Section 14601.3, you may be designated as an HTO.

A conviction under VC 14601.3 can lead to fines of up to $1,000 and jail time of up to 30 days. Additionally, drivers who are considered HTOs will face sentencing enhancements if they are convicted of other traffic violations. Each time you are convicted of another crime while driving, the California court can add:

• Up to 180 days to your jail sentence
• Up to $2,000 to your fines

A third conviction for a “basic” DUI can result in:

• Up to $3,000 in fines
• Up to one year of jail time
• Up to 18 months in an alcohol treatment program

Additionally, the third DUI charge will be added to your record. This is important, as California can prosecute a fourth DUI offense as a felony, instead of a misdemeanor, increasing the severity of the penalties you could face for any subsequent DUIs

License restrictions are mandated for third and fourth DUIs. Oftentimes, IIDs are required to be installed on your vehicle. Attempting to drive without an IID following a DUI conviction can result in criminal charges. You could be charged with driving on a suspended license in this situation.

At HJP Legal, Halley strives to achieve a positive resolution on your behalf and utilizes her 10+ years of experience in every case.

For subsequent/multiple DUI charges in California, you need the experience of attorney Halley J. Peters of HJP Legal.

She is thoroughly familiar with all aspects of California DUI laws, including subsequent offenses.

Her over ten years of experience practicing criminal defense law in California and Florida means she can spot deficiencies and weaknesses in many Southern California DUI cases. It also allows her to negotiate effectively with prosecutors because she speaks their language and knows the inner workings of the judicial system concerning DUI offenses.

Our firm serves people in Orange County and Southern California, including Riverside, Los Angeles, San Diego, and San Bernardino counties.

Learn what HJP Legal can do for you. Please call Halley at (949) 340-0102 for a complimentary consultation.

Remember that with Halley, no concern is too small.