2nd Offense DUI
If you are facing a 2nd Offense Misdemeanor DUI in California, you are facing a tough case. Some of the judges will remand you back into custody when you go to court, even if bail is posted, or order jail time if you are convicted of a 2nd DUI within 10 years.
This is just one example out of California of the differences between a 1st Offense Misdemeanor and a 2nd Offense Misdemeanor DUI in Monterey County.
1. You will lose your right to drive in California for a period of time. If you were on probation for any other DUI, you will lose your license for 1 year. If more than 5 years has passed since the last DUI, you will lose your license for 90 days.
2. The court and the DMV will order the IID (Ignition Interlock Device) on your vehicle. The DMV will make you install the IID in order to get a restricted license.
3. You are facing actual jail time. Some judges are ordering you to serve actual time in the county jail.
This is why you need to look for a good Aptos DUI Lawyer to represent you in Santa Cruz County.
3rd Offense DUI
If you are facing a 3rd Offense Misdemeanor DUI, the minimum jail sentence that can be imposed is 120 days. A good DUI Attorney will take a look at your previous DUI convictions and research whether they can be constitutionally struck from the pending charges. If the previous convictions are unconstitutional, they cannot be used against you and the minimum sentence of 120 days in jail does not apply.
Usually, a DUI with 2 priors has some type of Probation Violation due to the new DUI. This means that the prosecutor can argue that you should be sentenced to 1 year in the county jail. A Violation of Probation can add up to 6 months in the county jail.
What you need is an alternative that judges like. This means that you can be ordered to enroll in and complete some type of rehabilitation program instead of going to jail.
- When hiring an Aptos or Capitola DUI Lawyer, make sure they research the prior DUI convictions and set the rehabilitation program up early so the judge order it as a condition of keeping you out of jail.
4th Offense DUI
A 4th Offense DUI within 10 years is most often charged as a felony. This means that you are facing time in prison. Going to prison is different than jail. The maximum time that you could spend in county jail is 1 year, where prison might carry a longer sentence.
On top of going to prison, your driver’s license will be revoked. You will need a skilled Aptos DUI or Capitola to keep you out of jail and/or prison while continuing to fight the DMV.
Another way that a multiple offense DUI could become a felony is when one of your prior DUI convictions was a felony. The prosecutor can charge a 2nd or 3rd Offense DUI as a Felony when you were convicted of a Felony DUI within the last 10 years.
Be aware of one bill that certain groups are trying to pass. If this bill becomes law, then a conviction to a 4th Offense DUI within 10 years will revoke your right to drive in California for the rest of your life.
Multiple DUIs Can Send You to Prison in California!
