Make no mistake, getting arrested for a 2nd DUI in Orange County is rough. Orange County is one of the strictest districts in the State in terms of punishing 2nd offense DUIs. There is a lot to understand about the ramifications of being arrested for a 2nd DUI in Orange County so take a look below for a good idea of what to expect.
2nd DUI in Orange County Penalties
In any 2nd DUI arrest in California, punishment can be severe. In Orange County, a 2nd DUI exposes you to jail time, community service, labor, large fines, classes, probation, a breathalyzer, license suspension, AA meetings, MADD meetings, DNA testing and more.
Orange County 2nd DUI: Jail Time is Mandatory
While jail time is mandatory on a second offense, the legal range is from 96 hours up to one year in jail. If you are arrested for a 2nd offense DUI in Orange County, you can be sure that the prosecutor is going to seek severe punishment, including jail time. And unlike other counties that are easier to work with, Orange County almost never offers the minimum punishment of 96 hours in jail. Instead, 2nd DUIs in Orange County get offers starting anywhere from sixty to ninety days in jail, and often higher.
Orange County is unapologetic in doling out severe jail sentences. The good news is that in most 2nd DUIs in Orange County, we can prevent jail time altogether. One option we use frequently is electronic monitoring, AKA house arrest. House arrest allows you to go to work and come home for a certain number of days instead of stepping foot in jail. To get house arrest, you must apply through and qualify with the Orange County probation department. It is not a guarantee that house arrest will be made available to you.
2nd Offense DUI Probation
Probation on 2nd DUIs in Orange County ranges from four to five years. Probation is generally informal, however, meaning that you do not have to report to a probation officer or have travel restrictions. The only requirements are that you obey all laws and do not drive with any measurable amount of alcohol in your blood.
2nd Offense DUI Fines
Fines on a second DUI can be hefty. Fines range from approximately $1800 on up to around $15,000. The good news is that we are very successful in getting the minimum fine, even in difficult cases. The court gives you plenty of time to pay the fine down and allows payment plans.
Other Potential Penalties
Other likely penalties include:
- An 18-month alcohol class known as SB 38
- At least a 1-year driver’s license suspension
- AA meetings weekly for the duration of probation
- MADD class
- Mandatory ignition interlock device installation
- No alcohol or drug consumption at all – even at home.
- DNA swab
- Community service
- Community labor, etc.
2nd DUI Offense: What to Expect
From The Court
- The prosecutor will try to prove that you drove a vehicle (even if no one saw you drive, say for example, in the case of a car accident where officers arrive on scene without seeing the driving.
- That you were impaired while driving. Impairment can be alcohol or drugs or both.
- That you had a blood alcohol concentration of .08% or higher when you drove.
- You have a prior DUI arrest and conviction within 10 years of the current DUI. The arrest can be from any state, not just California.
This is all they need to show to try to prove their case. They will utilize police reports to show that there is evidence of driving and impairment.
From The DMV
The DMV will automatically suspend your driver’s license unless we request a DMV hearing within 10 calendar days of the arrest. This allows us to challenge the case and try to have the DMV set aside the suspension. The suspension is typically a year on a 2nd offense DUI in Orange County, though it may be longer if you refused the test.
How to Fight Your 2nd DUI in Orange County
We have several expertly crafted tactics to defend your 2nd DUI in Orange County. First, we contact the DMV to preserve your driving privileges. Then we contact the DMV and order police reports. We then contact the district attorney’s office to begin fighting the case. We subpoena all evidence including video/audio/911 calls, etc. After reviewing all evidence, we prepare a defense strategy and introduce it to the court and prosecutor. We look for flaws in the evidence as well as volunteering information about you that shows good character. We demonstrate the potential consequences a DUI conviction would have on your life as well.
During this period we prepare for trial to challenge the case in front of a jury. We utilize forensic toxicologists to analyze flaws in the BAC or how the alcohol results were obtained. We utilize private investigators to secure CCTV footage or other witness statements. Our defense strategy is aggressive and adaptive. We have had a track record of tremendous success by customizing the strongest defense strategy for your case.
2nd DUI Offense FAQs
Will a second DUI ruin my life?
No. A 2nd DUI in Orange County, while challenging, will not ruin your life. We can fight and minimize the charge and even if we can’t beat the case entirely, we can always have it expunged or erased from your record later. We will work with you to restore your license and to protect your job.
How bad is a second DUI?
A 2nd offense DUI in Orange County isn’t necessarily “bad,” but it is more challenging than a first-time DUI in Orange County since you face much more severe punishment. Usually we can greatly reduce all punishment so there is minimal disruption to your life.
What happens after your second DUI?
If you hire our firm, we handle the entire process start to finish and take away all of the guesswork. We handle both the DMV and court from beginning to end and in most cases, you never actually have to come to court. We will guide you each step of the way. Our goal is two-fold: first, to get you the very best possible outcome and second, to give you peace of mind that you have the best possible defense team by your side fighting for you.