Is There Any Possible Way to Get Around Jail Time for Your Second DUI?

Yes, it is possible for you to avoid serving jail time after receiving your second DUI, even though a second conviction results in mandatory jail time. Instead, a California judge may substitute your sentence for house arrest or time in a rehabilitation center if they deem you would benefit from a multi-step program related to your issues.

How Do I Fight a Second DUI in California?

The state of California treats second DUI offenses seriously, but it is possible to fight your charges. It’s wise to find potential flaws in any police processes and procedures during your arrest to invalidate the legality of your charges. By working with an experienced Sacramento second-offense DUI lawyer, you can have a skilled professional on your side who knows how to identify ways to dispute the charges.

What Is the Most Common Sentence for a First DUI in California?

If you receive a DUI in California, and it is your first charge, you can expect to receive a six or 10-month license suspension as well as related legal fines and some form of informal probation. You also could be ordered to spend up to six months in jail for first-time misdemeanor DUI in California, depending on the circumstances of your case. Most first-time DUI offenders receive fines, probation, and license restrictions. The most common sentence depends on the severity of the case.

Can a First Time DUI Be Dismissed in California?

Yes, it is possible to get a first-time DUI charge dismissed, but California courts tend to treat DUI offenses harshly. For this reason, it can be helpful to work with a Sacramento DUI lawyer who understands the nuances of DUI law in California. It’s possible to get your charges dismissed if you can prove you were stopped without due cause, your screenings were not completed correctly, or there were factual problems with the arresting officer’s testimony.

Sacramento Second-Offense DUI Lawyer

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Second-Offense DUI Attorney in Sacramento, CA

Facing a DUI charge for the second time can be stressful. A first-time offense already carries hefty penalties, with the punishments only increasing with a second charge. A skilled Sacramento second-offense DUI lawyer can advocate for you in court and fight to get any consequences reduced.

best sacramento second-offense dui lawyer

About Us

At the Law Office of Conor Bell, we’ve helped the people of Sacramento and greater Northern California with their DUI cases. Our founder, Conor Bell, has lived in the area for over thirty years. Conor graduated from UCLA, one of the top law programs in the country. He has litigated hundreds of cases in his career, ranging from petty theft to vehicular manslaughter. Our firm cares about aiding you in your difficult time.

California DUI Laws

Driving under the influence (DUI) is a pressing public safety concern across California. A recent study found that Sacramento ranked as the third-highest DUI rate per capita for the top fifty major cities across the country. Nationwide, 12,429 people died in 2023 from alcohol-related accidents.

The legal blood alcohol limit (BAC) is 0.08% for private vehicles and 0.04% for commercial drivers. DUIs include driving under the influence of any drug with a zero percent tolerance. Understanding the laws and penalties is crucial when approaching your own case.

Second-Offense DUI Penalties

DUI penalties increase with each offense. Upon a fourth offense in under ten years, the crime becomes a felony. The following is the list of potential punishments you may face for a second-offense DUI case in Sacramento with no aggravating factors:

Up to one year of an ignition interlock device (IID), a breath BAC test installed into your vehicle that must be taken before it can be started
Various fines that can scale from $390 to $1000
Jail time ranging from 96 hours or ten days to one year
Admission and graduation from an 18-month or 30-month DUI program. Sacramento County provides a list of approved DUI schools.
Two-year license suspension, with the option of only one year if you install an IID
Three to five years of probation

Factors Courts Consider During Sentencing

No two second-offense DUI cases are treated the same. When it comes to sentencing, the court considers all relevant factors when deciding on punishment. The first aspect they review is the circumstances of your arrest. Whether you were speeding, swerving, or otherwise endangering other drivers is relevant to your case. Getting pulled over under suspicion will generally result in lesser charges than if you were involved in or the cause of an accident.

Another important detail is how you react to the police. Acting calm and not arguing with the arresting officer or anyone during booking can show cooperation. If you are asked to take a sobriety test, it is recommended that you oblige. Refusing to take the chemical test at the police station can be detrimental during a second-offense DUI hearing.

The final key variable they look at is your criminal history and background. Having charges other than your first-offense DUI may sway the courts into more severe penalties. A mostly clean record, character references, and a stable employment history can show you as an active member of the community, which can aid in charge reductions or lesser punishments.

Hire a Second-Offense DUI Lawyer

Each of the penalties for a second-offense DUI can drastically affect your life. Hire a second-offense DUI lawyer who can represent your interests. Your Sacramento second-offense DUI attorney may have greater insight into the process than you, with knowledge and experience relevant to negotiating lesser penalties. You don’t have to walk into the Gordon D. Schaber Sacramento County Courthouse alone.

FAQs

Is There Any Way to Get Around Jail Time for Your 2nd DUI in Sacramento?

The possibility of jail time can be an intimidating aspect when charged with a second-offense DUI. The mandatory minimum jail time without probation is 10 days. With probation, the minimum is 96 hours, which can be served in two, non-consecutive 48-hour periods. In addition, there are some situations where jail time can be substituted for other options at the court’s discretion. Speak with your DUI Attorney to see which options suit your case.

How Much Do DUI Lawyers Cost in California?

The cost of your California DUI lawyer depends on the specific details of your case, such as its complexity, the work hours required, and location. Simply getting pulled over and charged for a DUI often will be cheaper than if you are arrested after a crash. Another key aspect is the fee structure. Law firms charge differently, using retainer fees or hourly rates. Ask your DUI lawyer for an estimation of how much your particular case may cost.

How Long Does a DUI Stay on Your Record Near Sacramento, CA?

The amount of time your second-office DUI case will stay on your record is an understandable concern. In California, DUI charges remain on your driving record for 10 years, and they can last indefinitely on your criminal record. You may get it expunged from your criminal history after your probation has been completed, and you have not been arrested for any other crimes. Expungement will not remove the DUI for future offenses.

What to Do After a Second DUI Charge in Sacramento?

What you do during and after the processing of your second DUI can make a difference in your case’s result. Remaining cooperative and calm during the stop and arrest can benefit you later on when it comes to sentencing. Hiring a lawyer early on can aid in potentially getting the case reduced in severity. Finally, it’s important to follow the terms of any probation and sentencing. Ignoring them can result in hefty punishment, including jail time.

Meet With a DUI Lawyer Today

At the Law Office of Conor Bell, we know that a few bad decisions do not define you as a person. We have the knowledge and experience to provide legal guidance during this anxious period.

Contact us today for a free consultation, where we can learn your story and begin discussing your options. You can also visit our Napa office, located on Trancas Street, a few blocks from exit 19 off the Saint Helena Highway.

Sacramento DUI with Injury Resources