Los Angeles Multiple DUI Attorney
You will need an experienced and aggressive West Los Angeles DUI attorney to defend you in court, helping you obtain an acquittal or reduce the consequences of a conviction.
If you are being accused of driving under the influence of drugs or alcohol for a second, third, or additional time, then you need to call a multiple DUI lawyer as soon as possible. DWIs and DUI charges or are taken seriously, however, you can also obtain a minimal punishment upon conviction. Judges may be forgiving when it looks like you made a one-time mistake and are sincere in your remorse. However, judges often take harsh views on second and subsequent California DUI charges.
Call a West Los Angeles DUI lawyer from Spolin Law P.C. at (310) 424-5816 to learn how they can help you.
California DUI Law involving Multiple DUIs
Under Cal. Vehicle Code §23152, it is unlawful for you to drive a vehicle:
The legal BAC limit of .08 percent only applies to individuals over the age of 21 driving personal vehicles. For individuals with their commercial driver’s licenses (CDL) and driving commercial vehicles, their legal limit is .04 percent. For individuals 20 years and younger, their legal limit is zero.
California has a zero-tolerance policy for underage drinking. Any measurable alcohol on an adolescent’s breath or blood may result in a DUI charge.
How Subsequent DUIs are Determined
When determining whether a DUI is a first, second, or subsequent charge, California law dictates looking back 10 years. The prosecution will start with the date of your current arrest and look back through the previous 10 years of your driving record. Any DUI arrests that took place within that period of time count toward your current offense. DUI arrests that happened prior to the 10-year period will not increase the current charge, though they may be taken into account during sentencing if you are convicted.
If you have one previous DUI or wet reckless arrest within the past 10 years, the current charge is a second DUI. If there are two DUI or wet reckless arrests within the past decade, then this arrest is for a third DUI, and so on.
If you have one or more previous DUIs on your record, whether they were obtained in California or another state, contact a multiple DUI lawyer from Spolin Law P.C. as soon as possible. A second or subsequent DUI can lead to harsh consequences.
Administrative License Suspension for Multiple DUIs
Being arrested for a DUI has immediate consequences. If a chemical test showed you had a BAC above the legal limit, your driver’s license will be suspended for four months. This is a civil penalty overseen by the Department of Motor Vehicles (DMV). It is not a criminal punishment, though your driver’s license can be suspended as a punishment upon conviction as well.
You may also face a longer administrative license suspension (ALS) if you refused to take a breath or blood test after your arrest. Under California’s implied consent, you have already agreed to take a chemical test if you are lawfully arrested for a DUI. If you refuse, you are civilly punished by a one-year driver’s license suspension.
If you receive notice of an ALS, you only have 10 days to appeal the decision. Call a multiple DUI attorney after your arrest immediately so that you have someone to fight for you on both the civil and criminal front.
Criminal Penalties for Multiple DUIs
If you are charged with a DUI when you have one or more previous DUI convictions on your record, then you need to speak with a multiple DUI lawyer about the potential statutory penalties for subsequent offenses. Subsequent DUIs are typically misdemeanors. However, a fourth DUI within 10 years may be a felony. Additionally, aggravating factors, such as injuring someone in a DUI accident, can raise a multiple DUI charge to a felony.
The potential punishments for subsequent DUIs include:
Alternative Punishments for DUIs
You may be able to avoid jail or reduce your sentence through alternative penalties. By working with a multiple DUI lawyer, you may be able to take advantage of:
If you are interested in an alternative penalty for a subsequent DUI charge, you need to work with a lawyer who focuses on DUI cases. A general criminal defense lawyer with little-to-no DUI defense experience may not know all of the alternatives available in a jurisdiction or how to best obtain these for you. Attorney Aaron Spolin knows the ins and outs of California DUI law and will fight for you to avoid the harsh punishments possible with a multiple DUI conviction.
Collateral Consequences of Additional DUI Convictions
If you are convicted of a second or additional DUI, you may lose your license for a significant period of time. At a minimum, you will be without a driver’s license for at least one year. For a felony, fourth DUI, you could lose your license for four years. This can make keeping a job very difficult. You will not be able to obtain any position that requires driving. If you lack consistent transportation to work, you could be late too often and fired.
Lack of a license or access to consistent transportation can also make it difficult to attend classes. If you cross the hurdle of getting into a university or graduate program with multiple DUIs on your record, you then have to be sure you do not miss classes and appointments.
In addition to having a negative impact on your education and career, a subsequent DUI conviction can affect getting a loan, your visa status or ability to obtain citizenship, and your child custody and visitation arrangement. Multiple DUIs on your permanent criminal record can reflect badly on you to people who make decisions that impact your life.
The best way to avoid these consequences and others is to work with an experienced and aggressive multiple DUI lawyer who will fight to exonerate you in court or minimize the penalties and consequences of a DUI conviction as much as possible.
Contact a Los Angeles DUI Attorney Today
A second or subsequent DUI charge can be difficult to face, however, it is not hopeless. There may be multiple defense strategies available in your case. At Spolin Law P.C., we will thoroughly investigate your case to determine any way in which we can help you defeat this charge.
If we go to trial and there is a possibility of a conviction, as there always is with a trial, we will fight for you to receive the minimum punishment possible. We may be able to do this by you going through alcohol or drug treatment prior to trial to demonstrate to the judge you take this situation seriously. We may also be able to minimize the consequences of a multiple DUI if we negotiate a plea deal with the prosecution.
To discuss your rights and options more in-depth, call Spolin Law P.C. today at (310) 424-5816 and schedule a free consultation.