A second offense DUI anywhere in California is a serious offense and will draw mandatory jail time. The amount of jail time and what the court will allow as a substitute for jail time varies greatly from county to county.
Punishment For A Second Offense DUI In Orange County
The Orange County District Attorney tends to treat a second offense DUI much harsher than other counties. While the law only requires a minimum of 96 hours of jail time for a second offense DUI, In Orange County the typical punishment for a second offense DUI without any accident, injury or other aggravating circumstance is punished with 60 to 90 days in the Orange County jail. Aggravating factors that can greatly increase this jail time include: a high blood-alcohol content (BAC), a collision of any type, a hit and run in conjunction with the second offense DUI, being uncooperative or argumentative with the police, reckless or dangerous driving, and young passengers in the vehicle. Any of these factors can make it more difficult for your Orange County drunk driving attorney to get a favorable settlement.
Other mandatory punishment for a second offense DUI in Orange County includes five years of informal probation, a minimum of around $2,300.00 in fines and fees (a maximum around $10,000.00), and completion of an 18-month alcohol program. Non-mandatory punishment for a second offense DUI in Orange County usually includes completion of a MADD presentation (1 night) and submission of a DNA sample. This DNA sample remains in the DA’s database for life. Moreover, those arrested for a second offense DUI in Orange County will usually have to post a $10,000.00 bond or pay a bondsman $1,000.00 to pay it for them.
Alternatives To Jail For A Second Offense DUI In Orange County
Although Orange County is pretty tough when it comes to jail time for a second offense DUI, a skilled Orange County DUI lawyer can sometimes convince a judge to allow an alternative. At The Law Office of EJ Stopryo, our favorite alternative to jail is serving the jail time as house arrest or home confinement. If your Rancho Santa Margarita DUI lawyer can convince a judge that this alternative would be best for your situation, the judge has the discretion to allow home confinement as punishment for a second offense DUI. While on home confinement, you can go to work and to the alcohol program, Other alternatives used by Irvine DUI lawyers include CalTrans (picking up trash on the freeway), private jail, and serving the jail time during the weekends.
If your Fullerton DUI lawyer can get a private jail, (also called a pay and stay), then you can usually leave the jail for up to 12 hours a day and go to work, as well as the mandatory alcohol program. Moreover, a private jail has the benefit of being very safe, as the inmates are non-violent offenders. However, this option is expensive, costing around $2,500.00 a month.
Second Offense DUI Driver’s License Suspension
When you are arrested for a second offense DUI in Orange County, the arresting officer will confiscate your California Driver’s license and give you a paper temporary license. The fine print on this form will explain that unless the driver, or their Orange County DUI Attorney, calls the DMV and requests a DMV hearing, the driver’s license will automatically be suspended. That driver’s license suspension starts 30 days from the date of being arrested for a second offense DUI. That suspension is a one-year suspension. However, if your Westminster DUI lawyer calls the DMV, this suspension will not begin until and unless the driver’s DUI lawyer loses the hearing. Your Rancho Santa Margarita DUI lawyer must win the DMV hearing to avoid this first suspension.
A second suspension begins when the driver, or their Huntington Beach DUI lawyer, enter a plea of guilty in court to second offense DUI. This conviction is immediately reported to the DMV. The DMV then issues this two-year suspension. Your Irvine DUI lawyer must avoid a second offense DUI conviction in court in order to avoid this suspension. One way to do that is if your DUI attorney spots a weakness in the case and leverages a deal for a wet reckless.
If the second offense DUI is an alcohol DUI and not a drug DUI, the driver may be eligible for a restricted license after only 90 days. However, the driver must install an Ignition Interlock Device (IID) in their vehicle and enroll in the 18-month alcohol program. They must also get an SR-22 from their insurance company.
Free Telephonic Consultation With An Orange County DUI Lawyer
The Law Office of EJ Stopyro offers a free and confidential telephonic consultation with an experienced Orange County drunk driving lawyer. Call us today at (949) 559-5500 and discuss your options with Mr. Stopyro, as well as the nuances of second offense DUI law in Orange County.