Napa Second-Offense DUI Lawyer

Facing a DUI in California can come with many consequences. From excessive fines to possible jail time, DUIs are taken very seriously. After a first offense, you will have your driver’s license suspended for up to four months, and you could face fines and penalties of up to $2,000. In addition, you will attend a first-offender alcohol program in which you will complete a 30-hour course for $500. If you face a second charge within ten years, you will be subjected to California’s progressive penalties for DUI.

At the Law Office of Conor Bell, we know the potential impact on your future a DUI charge holds. We also know that the accusation against you is not a definitive guilty verdict. Our office has successfully litigated hundreds of DUI charges keeping our clients’ futures intact. If you are facing your second DUI charge in Napa, CA, put our experience to work for you.

Napa Second-Offense DUI Lawyer

Penalties for a Second DUI

The penalties you face, if you are convicted of a second DUI within ten years of the first, come down to the circumstances of your case. Generally, California looks to penalize repeat DUI offenders with greater consequences each time. For most second convictions, the penalties could include any of the following:

  • Three to five years of probation
  • Mandatory jail time between 96 hours up to one year
  • Fines between $390 and $1,000 with additional penalty assessments up to $1,000
  • Attendance in a California DUI school for a period of 18 or 30 months
  • Up to one year of an ignition interlock device on your vehicle
  • Suspension of your driver’s license for two years with the option to receive a restricted license after one year or an IID-restricted license in conjunction with device installation

Courts will use discretion when deciding the penalties that fit the circumstances in your case. However, if your penalty includes probation, you will also be subject to the following:

  • You may not have any amount of alcohol in your blood when driving.
  • If you are arrested for a subsequent DUI, you may not deny chemical, blood, breath, or urine tests.
  • You may not commit any other crimes.

Some courts may include the following stipulations in circumstances of probation as well:

  • You may attend Alcoholics Anonymous or Narcotics Anonymous meetings.
  • You may participate in Mothers Against Drunk Driving panels.
  • You may be ordered to pay restitution.
  • The IID device on your vehicle may be extended up to three years.

Permanent Criminal Record Implications

For those facing a second DUI conviction, there could be extensive worry over its impact on your criminal record. While you face jail time for a second conviction, you may still have the opportunity to have the conviction expunged from your record. To accomplish this, you will need to be both placed on probation and successfully complete it. Also, you will file a petition with the court, which will then be reviewed by a judge. If approved, your plea will be changed to not guilty, and a judge could ultimately review and dismiss the case.

Factors That Impact Punishment

The circumstances surrounding your DUI could have significant impacts on the punishments you may face. Factors that could cause your penalties to be more severe include:

  • You have a blood alcohol content greater than 0.15%.
  • If a chemical test is requested, you refuse it.
  • You caused an accident.
  • You were under the age of 21 at the time the offense occurred.
  • You were excessively speeding.
  • You were driving with children under the age of 14 in your car.

The specific ways your penalties will be impacted are a matter of these aggravating factors. If you have a prior criminal record, that could also play a role, including any factors surrounding a previous DUI case.

Napa County DUI Defense FAQs

Q: How Can I Avoid Jail Time for a Second DUI in California?

A: Depending on the circumstances of your case, avoiding any jail time for a second DUI is unlikely. California statutes dictate that a person must serve a minimum of 96 hours in jail if convicted of a second DUI. However, some laws allow jail time for some felonies and misdemeanors to be served alternatively under house arrest.

Q: How Much Does a Drunk Driving Lawyer Cost in California?

A: The circumstances of your case will impact the costs for an attorney based on the work that is needed to help with your case. On average, a DUI attorney in California charges from as little as $150 per hour for an attorney with less experience to $800 per hour for a more experienced attorney.

Q: Is It Worth Getting a DUI Attorney in California?

A: A second DUI conviction can leave you facing long-term consequences. With the help of an experienced DUI attorney, you may be able to fight the charges or present a case that limits the impacts of those consequences. The earlier you contact an attorney after an arrest for DUI, the more assistance they can provide.

Q: What Happens When You Get a Second DUI in California?

A: California progresses its penalties for DUI offenses. If you are convicted of a second DUI, you will face penalties that include a minimum jail sentence of 96 days, fines ranging from $390 to $2,000, up to 30 months of DUI school, and you could also face three to five years of summary probation. In addition, you will face a driver’s license suspension of up to two years.

Napa Second Offense DUI Lawyer

If you are arrested for your second DUI in Napa, you should hire an experienced DUI attorney to help you with your case. A second DUI could have long-lasting impacts on your future and your criminal record. At the Law Office of Conor Bell, our multiple years of experience have successfully litigated hundreds of DUI cases. Our team starts with a review of the facts of your case. Working with you, we look to identify weaknesses in the case against you. If you need an experienced DUI attorney, contact our office today.