Will I Face Jail Time for a Second DUI in California?

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Will I Face Jail Time for a Second DUI in California?

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When you are pulled over and charged with a second DUI, you may not know how to proceed. Unfortunately, many assume these charges aren’t consequential, lulling them into a false sense of security that they may receive a slap on the wrist or a stern warning. However, this is far from the truth. If you are charged with a DUI in California for a second time, understanding the penalties you can expect for this offense is critical. The following blog explores what you should know about these matters and how a DUI lawyer in Sacramento, California can help you navigate these complex and challenging times.

What Are the DUI Laws in California?

In California, like the rest of the United States, driving while intoxicated is illegal due to the dangerous nature of this action. As such, anyone found driving with a Blood Alcohol Concentration (BAC) of 0.08% or higher will automatically face a Driving Under the Influence (DUI) charge. However, if the BAC is lower but the officer has determined your ability to drive is inhibited by the alcohol in your system, you can still face a DUI charge.

It’s also critical for drivers under 21 to understand that California is a zero-tolerance policy state. As such, anyone under 21 with a BAC of 0.01% or higher will automatically face penalties for driving with alcohol in their system.

What Penalites Can I Face for a Second DUI?

When charged with a DUI for a second time within ten years of their first conviction, it’s important to understand that the penalties can be intense. As such, you will likely face anywhere between 90 days to one year in jail, with a mandatory minimum of 96 hours in jail.

In addition to time spent in jail, you will face a two-year license suspension. However, after one year, you can apply for a restricted license or install an ignition interlock device to have a restricted license for two years. Additionally, you will face up to $1,000 in fines and mandatory participation in a DUI school.

If I’m Arrested and Charged, What Should I Do?

If you are pulled over and placed under arrest for driving under the influence, it’s imperative to ensure you take the necessary steps to protect yourself in these matters. You should not try to plead your innocence to the arresting officer, as you may accidentally say something incriminating or something that can be manipulated to be used against you. As such, you should inform the officer that you want an attorney and invoke your right to remain silent.

When you’re charged with a DUI for a second time in California, connecting with an experienced criminal defense attorney is in your best interest. The team at the Law Offices of Dale R. Gomes understands how complex these matters can be. As such, we will do everything possible to assist you and fight for the best possible outcome for your unique circumstances. Contact us today to learn how we can assist you.