California DUI Second Offense

In court and with the Department of Motor Vehicles, you’ll face harsh penalties for a second offense DUI. That is why it’s so important to hire an experienced DUI defense attorney to fight for your rights. If you have recently been charged with a DUI and this is your second offense within ten years, contact a DUI defense attorney right away. Please note: you only have ten days after your DUI arrest to request a hearing with the DMV. If you fail to request a hearing, they will automatically suspend your driver’s license.

Assuming you meet the deadline, an experienced DUI defense lawyer will be happy to represent you at your DMV hearing. This administrative per se hearing (APS) is a civil proceeding and it is a completely separate case from the one you’ll also face in criminal court. The APS hearing is where the DMV will review your driving record. If this is your second DUI in the last ten years, they will seek to suspend your driver’s license one year rather than four months (as is the case with a first offense DUI). However, if you refused to take a blood, breath or urine test, they will automatically suspend your license for one year and will not allow you to apply for a restricted license during this time.

If later you are convicted in criminal court of a second offense DUI, the DMV will suspend your license for two years. In order to reinstate your license after two years, the DMV will require an ignition interlock device to be installed in your vehicle(s) along with participation in alcohol education classes for 18 to 30 months.

While the penalties for a second offense DUI are severe that does not mean you should give up. In fact, you should fight even harder by finding a tough attorney that knows the DUI laws inside and out. They understand the seriousness of a second DUI conviction and will work hard to win your case!