Second-Time DUI Lawyer in California
In California, being arrested for a 2nd DUI within 10 years of a first DUI is a more serious than the first offense. A DUI with prior has harsher penalties, including longer license suspensions, a much longer DUI program, higher fines, likely jail time, and more intense probationary requirements.
At California Criminal Defense Center, our experienced DUI lawyers help clients navigate the complex legal system, protect their driving privileges, and fight to reduce or dismiss charges, whenever possible. We work hard to reduce these harsh penalties.
Why You Need a Lawyer for a Second DUI
A second DUI is treated as a repeat offense, and California law imposes stricter penalties:
- License suspension for up to 2 years
- Fines and fees exceeding $2000
- Mandatory jail time (and up to 1 year)
- Lengthier probation and 18-month DUI education program
Having an experienced 2nd time DUI lawyer significantly improves your chances of minimizing these consequences.
Understanding Second DUI Charges in California
California Vehicle Code §23152(a) generally defines DUI as operating a vehicle while impaired by alcohol, while §23152(b) is generally defined as operating a motor vehicle with a blood-alcohol concentration of .08% or more by volume.
For a second DUI, the law looks at prior convictions within 10 years. Even if your previous DUI was minor, repeat offenses carry heavier penalties. Also, if your prior was resolved as a “wet reckless,” it is still priorable as a first DUI such that it will enhance your next DUI offense to a DUI with a prior conviction or a 2nd DUI.
What Happens After a Second DUI Arrest
- Your driver’s license may be suspended by the DMV for up to 2 years.
- You will receive a court date to face criminal charges.
- The court may require jail time, probation, community service, 18-month DUI program, and other penalties which can vary from one jurisdiction to another.
A DMV hearing is critical after a second DUI! Your lawyer can represent you and potentially avoid your suspension or secure restricted driving privileges. Also, the stakes are higher on a 2nd DUI, so it is vitally important to secure a temporary driver’s license in a timely manner before the DMV imposes a lengthy suspension.
How Our Second-Time DUI Lawyers Help You
Our team works to protect your rights and achieve the best possible outcome; here’s how:
We Examine Every Detail
We investigate the legality of the traffic stop, the accuracy of breath and blood tests, and any procedural errors made by law enforcement. Procedural errors are commonplace and must be examined carefully. Law enforcement must adhere to many procedural hurdles during a DUI investigation. These requirements are governed by the relevant provisions of the California Vehicle Code, Title 17 of the California Code of Regulations, and the policies and procedures of the investigating officer’s police agency.
We Challenge Evidence
From improper field sobriety tests to improper administration of the chemical tests, we scrutinize the evidence to find weaknesses that can help your defense.
We Negotiate with Prosecutors
We work to reduce charges whenever dismissal of the charges is not possible. Reduced charges typically carry much lighter penalties than a second DUI conviction.
We Represent You in Court and the DMV Hearings
Our lawyers ensure your rights are fully protected at every stage, including DMV hearings, criminal court, and probation hearings.
Penalties for a Second DUI in California
Typical consequences for a second DUI within 10 years include:
- Jail time: 96 hours to 1 year
- Fines & fees: Exceeding $2000
- License suspension: 2 years (with possible restricted driving privileges)
- DUI school: 18 months
- Probation: up to 5 years
With the right legal defense, penalties can often be reduced or alternative programs like community service or alcohol treatment can be negotiated.
Common Defense Strategies for Second DUI Cases
- Improper traffic stop or unlawful arrest
- Faulty breathalyzer or blood test
- Field sobriety test errors
- Police procedural violations
- Medical conditions affecting test results
Areas We Serve
Our second-time dui attorneys represent clients facing a second DUI throughout California, including:
Los Angeles, Orange County, San Diego, Irvine, Glendale, Ventura, Riverside, San Bernardino, Satna Barbara, and San Luis Obispo.
Schedule a Free Consultation with a Second-Time DUI Lawyer
A second DUI is serious — don’t risk heavy fines, jail, or long-term license loss.
Call California Criminal Defense Center today for a free, confidential consultation with a second-time DUI attorney who knows how to fight for you.
Work with expert lawyers
Unlike many law offices that assign client cases to young associates, attorney Ardalon Fakhimi will personally handle all significant aspects of your case from start to finish, including all settlement discussions, negotiations, and the trial. He will personally answer all of your questions and navigate you through every stage of your case. We never use inexperienced associates who are just learning the practice of DUI and criminal law. Similarly, we are NOT a high volume law office. Rather, we emphasize a very personalized attorney-client relationship where our clients are in continuous contact with their DUI and criminal lawyer; not their lawyer’s assistant. Finally, we are a detail-oriented law office that meticulously strategizes every case. That means no stone remains unturned during the course of our representation and through the final disposition of your case.
We serve clients from Sherman Oaks, Van Nuys, Torrance, for Domestic Violence, Petty Thefts, DUI Under-21 Cases.
Frequently Asked Questions
1. What are the main differences between a first and second DUI?
Second DUIs carry longer license suspensions, much longer DUI programs, higher fines, mandatory jail time, and extended probation, whereas first DUIs often result in lighter penalties.
2. Can a second DUI affect my insurance rates?
Yes. Insurance premiums usually increase significantly after a second DUI. A lawyer can sometimes help reduce the charge, potentially limiting insurance impact.
3. Is jail time mandatory for a second DUI in California?
Typically, yes — even short jail sentences are likely. However, experienced lawyers may negotiate alternative sentencing like work release, probation, or alcohol treatment programs.
4. Can a lawyer help me avoid losing my driver’s license after a second DUI?
Yes. A skilled DUI attorney can represent you at your DMV hearing, fight for restricted driving privileges, and explore options to reduce the length of your suspension.