Arrested for your second DUI? An experienced attorney may be able to fight your case and achieve no jail time.
Penalties for DUI in California are strict. However, there are several offenses that do not typically include jail time. If you’ve been arrested for your 2nd DUI, it’s important to seek legal counsel from an experienced criminal defense attorney that specializes in DUI. There are alternatives to jail time, even when you’ve been arrested for your second DUI.
Penalties for Second DUI Conviction
California law states that if a person is convicted of two DUI offenses within ten years, the second can carry a penalty of 90 days to 1 year in jail. Furthermore, people will often receive harsher penalties if there were aggravating factors. These include things like bodily injury or death. In those instances, the accused may face a felony charge. This can mean up to four years in prison.
In addition to jail time, a second DUI conviction can result in:
- Court ordered probation
- Ignition interlock device with applicable installation and maintenance fees
- Substance abuse classes
- Court fines
- 1-2-year driver’s license suspension
Alternatives to Jail Sentencing
Luckily, experienced DUI attorneys know how to navigate the judicial system. Their job is to work toward a lesser sentence depending on the circumstances of your case. Rather than resign to jail time, you can defend your case with the help of a lawyer to reach one of the following resolutions:
- Probation / credit for time served
- Alternative sentencing
- A case that is fought and won
Circumstances that Warrant Probation on a Felony
Probation is not a guarantee. In fact, it’s unlikely without the help of a qualified attorney. The judge will review the facts of your case. This includes:
- Overall driving record
- Bodily injury and property damage because of the DUI and restitution by insurance
- Personal statements from the defendant
- Moral character
Alternative Sentencing Defined
One of the most common alternatives to jail is electronic home confinement. This means your whereabouts will be monitored via GPS or an “ankle bracelet.” The terms of this sentence entail:
- Permission to travel solely to and from work
- Completion of entire sentence
- Payment of all applicable fees
The positive side of home confinement is the ability to work, see family, and, of course, no jail.
Realities of Fighting the Case
It may behoove you to dispute the charges before a judge. To do so, your DUI attorney will conduct a full review of the evidence. He or she will look for facts such as:
- Lack of probable cause for the traffic stop
- Inconclusive blood or breath test results
- Inability to prove the validity of a Field Sobriety Test (FST)
The goal of your attorney is to present facts in such a way that the prosecution is not able to prove the case beyond a reasonable doubt to all jurors. Meanwhile, the prosecution will do everything in their power to prove that you have broken the law and deserve a fair punishment.
In conclusion, whether it’s your first or second DUI, it’s advisable to consult an experienced attorney regarding your DUI charge. A seasoned lawyer that the prosecutors fear will know which loopholes – and judges – to pursue in your favor. Knowing your rights and going to court with the proper expectations is half the battle.
Contact Jon Artz today if you need to speak with an experienced DUI lawyer in Los Angeles. The fastest way is by calling: 310-820-1315.
