If you have been stopped under suspicion of driving under the influence after you have already been convicted for a previous DUI, your consequences significantly increase.
A second DUI conviction carries with it mandatory jail time and enhanced fees, as well as probation. It is a very serious charge the first time around, but is increasingly significant the second time.
If you had a Los Angeles Criminal Defense attorney represent you on the first DUI case, you understand how important and helpful it is to seek the guidance of a legal expert. You will also understand that a second charge is not worth the risk of representing yourself, since you may be facing jail time.
An important factor to consider if you have been stopped for suspicion of driving under the influence a second time is the length of time that has passed since the first DUI. If you are still on probation from a first DUI conviction, then not only are you facing an additional DUI, you are also facing a Probation Violation.
When a person is convicted for a first DUI, the court will inform the driver that they are not to have ANY alcohol in their system while operating a vehicle, and they are not to violate the law in any way. If they do, the consequences may be the maximum potential allowed by the law.
Another factor to consider is if you were initially convicted of a DUI on your first offense or if it was reduced. The law on a second DUI is very specific and includes a sentence for mandatory jail time. However, if you were initially charged with a DUI during your first arrest, and the case was dismissed or reduced, you would not be facing a second DUI, it would be your first.
Because the explanation is a little confusing, let’s consider an example. When David was 22 he was stopped for suspicion of driving under the influence. The officer charged him with a DUI. When David appeared in Court, his knowledgeable Criminal Defense Attorney negotiated with prosecutors and reduced the DUI to a Exhibit of Speed. When David turned 25 he got stopped for suspicion of driving under the influence again. He feared that being his second DUI, he would be serving jail time. However, this would not be David’s second DUI. He was never convicted for the first DUI, it was reduced. So as far as the law and the Court is concerned, the DUI at age 25 would be his first DUI.
If you find yourself in this situation and are very distraught and confused, do yourself a huge favor and contact an expert in DUI law today. It can make all the difference in your life.