Second Time DUI In California
A prosecutor can charge you or a loved one with a second time DUI in California only if there is a prior DUI within 10 years.
The punishment that you face for a second time DUI increases quite a bit, compared to a first time DUI.
The legal maximum jail time doubles (one year in jail, compared to six months in jail), and the alcohol school goes up to a school that is either 18 months, or 30 months, of school, compared to a three month alcohol school for most first time offenders. The probation period also goes up, to five years from most courts, compared to three for a first time offense. The fines and fees will likely be assessed as higher also.
In addition, the DMV will impose a two year suspension, which can be converted to a restricted license after a hard suspension of either one year, or ninety days, depending on whether you install an ignition interlock device (IID).
For Orange County second time DUI cases, the punishment usually starts at 30 days of jail time. The prosecutor also will add punishment if there were any of the following:
- a blood alcohol level of at or above a .16%;
- children in the car;
- an accident (with or without injury);
- an allegation that you were speeding while DUI;
- or any priors.
We can help avoid the more severe punishment for any of the above. by negotiating the case, reviewing the case for all DUI defenses, and prequalifying you for alternative sentencing.
Professionally handling DUI cases in Orange County, using our expertise in this field, is what we do on a daily basis.
Why hire our firm?
What our past DUI clients have stated about us
“Robert is professional, incredibly intelligent and not only a great attorney, but a great person to work with.” – Rebecca N., from Yelp.
“I found Robert Miller to be both professional and approachable. He returned my calls quickly and answered my questions with confidence. I felt that he explored every option available to me and fought hard on my behalf. I would gladly recommend Robert Miller to anyone who needs top-notch legal counsel and specifically a great DUI defense attorney.” – Elizabeth O., from Yelp
“Strongly recommend Attorney Robert Miller for legal services. Robert is passionate about law and representing his clients. He is approachable, extremely knowledgable and has a track record that is hard to beat”. — Brett W., from Yelp
“Robert is the true definition of an expert and professional. I came into this situation knowing that I needed the best and I was recommended to Robert Miller & Associates. I can GLADLY say not only would I HIGHLY recommend him, he is the ONLY attorney I would ever think about hiring. My entire case was dismissed.” – from a client’s Avvo review
As one client stated about their experience:
“During two meetings with Robert and several telephone conversations we were able to craft a defense strategy. In several court appearances Robert was able to convince the district attorney of our defense. Ultimately the case was dismissed. Robert gets a five star rating from me. He is professional and easy to reach either by phone or email or even text message. His fees are fair and very competitive.” (Maurice N., from a Yelp review).
What other attorneys say about our expertise
“I highly endorse Mr. Miller. Very experienced and caring attorney who produces great results in representing clients! I want all people with legal problems to contact him first.” (Mark Clay, Esq., from one of over 60 attorney endorsements through Avvo.)
Our results in Second TIme DUI cases
Meet Our Skilled DUI Attorney
- The author of three books on DUI, including two for other DUI attorneys in the profession, both published by Aspatore Press.
- A two time graduate of the DUI Trial Skills College at Harvard Law School, in Cambridge, Massachusetts.
- Rated a 10.0 and ranked in the “Superb DUI Attorney” category on Avvo
- Awarded the Orange County top DUI lawyer “Clients Love Us” award on Yelp;
- Certified in Field Sobriety Testing;
- Graduate of additional scientific coursework on scientific testing on breath testing, and blood testing;
- Member of the National College of DUI Defense;
- Member, DUI Defense Lawyers Association;
- Member of the California DUI Lawyers Association, among many other certifications and professional organizations.