2nd DUI Offense

Temecula and Murrieta DUI Defense Attorney – Lewis Khashan

If you are arrested for a 2nd DUI offense, you will need an experienced and aggressive 2nd DUI Attorney to help you keep driving, working, and out of jail. A 2nd DUI, 3rd DUI, or 4th DUI is a Felony arrest which is a EXTREMELY serious offense both criminally and “politically” to where society, voters and the prosecutors the voters elect to office are on the warpath against multiple DUI offenders. Depending on the circumstances of your arrest as well as the jurisdiction of your arrest, you can expect to face 48-hours incarceration UP TO 1-year in County Jail or up to 3-years in State Prison. Hiring an experiences 2nd DUI attorney will make it more likely that you can stay out of jail and keep your license even while defending your second DUI court case.

You were sure it would NEVER Happen Again

You thought that it would never happen once – let alone a second time! To your embarrassment and chagrin you find yourself arrested for a second DUI. It happens. We’ve heard our client’s stories and we feel their pain: “There but for the grace of God go I…”

Image of a simple date drinking beer Invariably it turns out there was a company party, routine drinks after work with the office staff, a weekend dinner-date, dancing and “out with the girls”, a Saturday wedding reception —any number of normal, regular social evens that most of society routinely enjoys – but you got arrested! A 2nd DUI Offense! Again! Unlike your first DUI, your 2nd DUI arrest will be a life altering event.

One or More Year Driver’s License Suspension! – to start with…

How Do I Drive to Work? – How to I Keep my Job?

For a Second DUI offense, you are looking at a 1 to 2 year suspension of your drivers license. For all individuals arrested after July 1, 2010, your attorney, if educated in DUI & DMV law, may be able to fight and obtain a restricted license that will allow you to drive to work after a mandatory suspension period. Unlike your First DUI arrest, this restricted license is not automatically granted. In order to be eligible, you’ll need a DUI lawyer who is well-versed in DUI Law and DMV Statues as it pertains to second or third DUI arrests.

Depending on the circumstances and jurisdiction where you were arrested, a 2nd DUI can have all or some of the following DUI consequences:

48-Hours up to 6-Months in jail
1-2 Years Driver License Suspension
Court Fines in Excess of $2,000.00
18-Month Alcohol Program
In-Patient or Out-Patient Rehab

Morgue Program
Community Service
MADD Victim Impact Panel
3-5 years Formal or Informal Probation

Is it More Severe If I am Still on Probation from my 1st DUI?

If you were arrested for a 2nd or 3rd DUI while on probation for a prior DUI the prosecutor and judge will be gunning for you – that’s a given. In addition to a harsher drivers license suspension period, the prior court where you violated your probation could order you to jail for up to 6 MORE months on top of the possible jail time you could receive from the court where your new DUI arrest occurred.

If You Currently Have a Drivers License You have ONLY 10-Days

More time-sensitive than the new court proceedings is attempting to keep your ability to drive. In California, a person who cannot drive cannot make much of a living or have any kind of “normal life.” In New York City you can have a “normal” life without having a car. Here in California we are utterly dependent upon our cars to have a bout, support a family or even get to the grocery store. You must contact DMV within 10-days of your DUI arrest to make an attempt to keep your driving privilege. This includes continued eligibility for a restricted license that you might currently have.

Upshot? – If you are currently on probation for a prior DUI that ALONE increases the seriousness and penalties that you are facing: BIG TIME. It might be time to take advantage of DUI Attorney Lewis Khashan’s no-cost preliminary consultation. It cost you nothing but a loss of your current stress & anxiety to call.

Do you have questions about your case?

Please complete our Criminal Defense Case Evaluation Form for answers to your questions. For immediate assistance, call us today at (951) 225-4130 for a free, confidential consultation. Evening and weekend
appointments available.

California Vehicle Code §23542

Conditions of Probation for Second Time Offense

(a) (1) If the court grants probation to a person punished under Section 23540, in addition to the provisions of Section 23600 and any other terms and conditions imposed by the court, the court shall impose as conditions of probation that the person be confined in county jail and fined under either of the following:

(A) For at least 10 days, but not more than one year, and pay a fine of at least three hundred ninety dollars ($390), but not more than one thousand dollars ($1,000).

(B) For at least 96 hours, but not more than one year, and pay a fine of at least three hundred ninety dollars ($390), but not more than one thousand dollars ($1,000). A sentence of 96 hours of confinement shall be served in two increments consisting of a continuous 48 hours each. The two 48-hour increments may be served non-consecutively.

(2) The person’s privilege to operate a motor vehicle shall be suspended by the department under paragraph (3) of subdivision (a) of Section 13352. The court shall require the person to surrender the driver’s license to the court in accordance withSection 13550.

(b) In addition to the conditions specified in subdivision (a), the court shall require the person to do either of the following: (1) Enroll and participate, for at least 18 months subsequent to the date of the underlying violation and in a manner satisfactory to the court, in a driving-under-the-influence program licensed pursuant to Section 11836 of the Health and Safety Code, as designated by the court. The person shall complete the entire program subsequent to, and shall not be given any credit for any program activities completed prior to, the date of the current violation. The program shall provide for persons who cannot afford the program fee pursuant to paragraph (2) of subdivision (b) of Section 11837.4 of the Health and Safety Code in order to enable those persons to participate. (2) Enroll and participate, for at least 30 months subsequent to the date of the underlying violation and in a manner satisfactory to the court, in a driving-under-the-influence program licensed pursuant to Section 11836 of the Health and Safety Code. The person shall complete the entire program subsequent to, and shall not be given any credit for any program activities completed prior to, the date of the current violation.

(c) The court shall advise the person at the time of sentencing that the driving privilege shall not be restored until proof satisfactory to the Department of Motor Vehicles of successful completion of a driving-under-the-influence program of the length required under this code licensed pursuant to Section 11836 of the Health and Safety Code has been received in the department’s headquarters.

(d) Whenever, when considering the circumstances taken as a whole, the court determines that the person punished under this section would present a traffic safety or public safety risk if authorized to operate a motor vehicle during the period of suspension imposed under paragraph (3) of subdivision (a) of Section 13352, the court may disallow the issuance of a restricted driver’s license required underSection 13352.5.

(e) This section shall become operative on September 20, 2005.