Second and Third Offenses for Los Angeles DUI
So you’ve been arrested in California and charged with driving under the influence (DUI). To make matters worse, it is your second or third DUI offense. Now, more than ever, the Payman Zargari Law Firm, experienced DUI attorneys who specialize in criminal defense cases in Southern California, will know the best way to handle the defense in your case.
The penalties received by individuals convicted of a drunk driving offense vary quite a bit even within the same California county. For example, in Los Angeles County, one court (Lancaster) assigned jail to 96.5% of all convicted DUI offenders, while another court (Malibu) in the same county assigned jail to only 16.7% of all convicted DUI offenders. A DUI criminal defense attorney will know if the jurisdiction of the courts might affect the disposition of your case.
According to California penal code, if a person is convicted of a 2nd offense DUI and the offense occurred within 10 years of a 1st offense DUI that resulted in a conviction, that person shall be punished by imprisonment in the county jail for not less than 90 days nor more than one year and by a fine of not less than $390 nor more than $1,000. The person’s privilege to drive shall be suspended and their license surrendered to the court.
Penalties are even more severe for a 3rd or subsequent DUI offense. If a person is convicted of DUI and the offense occurred within 10 years of two or more DUIs that resulted in convictions, that person shall be punished by imprisonment in the state prison for a term of two, three, or four years and by a fine of not less than $1,015 nor more than $5,000. That person’s driving privileges will be revoked and they will need to surrender their license to the court.
In some states an officer can seize your car if you use your vehicle in the commission of a second or subsequent DUI offense or if you are driving on a suspended, cancelled or revoked license, if your license was suspended, cancelled or revoked as a result of a DUI conviction. A 2nd or 3rd DUI conviction can be considered a felony crime. Anyone, including credit agencies and employers who check on your criminal record will find a record of your DUI conviction which is permanent .
The Payman Zargari Law Firm can assist you should you be arrested for a second or third offense DUI. Please use our contact form or call us at 866-958-2313 for an initial consultation with a DUI defense attorney.
