Second-offense DUI charges may be handled in much the same way as a first DUI charge. By contacting an Oakland second-offense DUI lawyer, you could learn which options may be good for your next steps. Let a seasoned lawyer fight for you and advocate on your behalf throughout the legal process. Reach out to a talented DUI attorney today to schedule a free consultation.
The punishment for a second-time offense handed down by the courts may be much harsher than a first-time offense and could result in jail time. A skilled defense attorney could suggest and request jail alternatives like residential treatment, SCRAM, and ankle monitoring in lieu of jail time.
Even before the case resolves, the court system or the judges may require someone who is charged with a second-time DUI to attend mandatory alcohol classes or treatment while the case is ongoing, which is not the norm after a first-time offense. The courts may also make a requirement when a person is charged with a second DUI that they attend AA meetings once or twice a week and/or alcohol-related counseling and treatment while the case is pending.
Second-offense DUI charges in Oakland could be misdemeanor charges, meaning they are primarily heard in the downtown courthouse, also known as the Wiley W. Manuel Courthouse. If the matter occurred in East County like Dublin, Pleasanton, or Livermore then the action may likely be heard in the East County Hall of Justice in Dublin near Santa Rita Jail.
The prosecutor may look at the blood alcohol level to determine if that may have contributed to the DUI stop. Those factors may form the basis of the initial offer and the way the district attorney’s office sees how the case resolves.
Prosecutors take multiple DUI charges seriously as there is evidence of a recurring offense. There may be a high risk to public safety when someone continues to drink and drive. It is typical to see an increase in the number of days in custody being requested to resolve, possible AA classes or outpatient treatment program, and an 18-month DUI school rather than a three-month school. The license suspension will also be lengthier as well as the required time for installing and maintaining an Ignition Interlock Device.
There may also be an increase in the amount of time in custody a district attorney may be requesting. In Alameda County, the prosecutor typically seeks 10 days minimum in jail for a second DUI. An Oakland second-offense DUI lawyer may know the proper way to mitigate these charges so as to not further affect the defendant.
An Oakland second-offense DUI lawyer could build a defense for a second-offense DUI charge in the same way they build a defense for the first-time charges. The lawyer may examine the factors surrounding the arrest and look for legal or factual problems, or errors with the case.
It may be appropriate to file a motion to suppress or a motion to dismiss after finding issues with how the evidence was gathered and how the breath or blood samples were obtained. The lawyer may look for errors in the investigation done at the scene by the officers to determine whether the field sobriety tests were administered appropriately. A defense attorney could aggressively attack any issues surrounding the arrest.
There are no diversion programs for DUI offenses, regardless of whether it is a first, second, or third offense unless the driver qualifies for a military diversion program under Penal Code 1000.80. To qualify for military diversion, the following factors must be present:
Once deemed suitable for military diversion, upon successful completion of the diversion program, the matter may be dismissed and the arrest sealed.
The probationary period for a second offense may be longer than the probationary period for the first offense. Second offense probation is typically three years in Alameda County but it may be as high as five years for a second offense if there is evidence that a person has a significant problem. The district attorney may consider a longer probation time to keep the person monitored and make sure they do not re-offend.
If you are struggling with a second-time DUI charge, contacting an Oakland second-offense DUI lawyer could be beneficial for your case. An experienced lawyer could know which defense strategies to consider and how to investigate your charges. Reach out to a driven defense attorney today that could get started on your case.
The Nieves Law Firm is dedicated to providing aggressive criminal defense representation to working professionals who have found themselves in trouble with the law. We show up to win, and we’re not afraid to fight aggressively to accomplish our client’s goals.
We understand that being accused of a crime can be a scary and confusing experience. That’s why we take the stress off our clients by handling the full scope of their legal situation from the initial consultation to the final outcome. Our bilingual attorneys and staff are here to ensure that our clients feel heard and understood every step of the way.
As one of the largest criminal defense teams in Oakland and the Greater Bay Area, we have the resources and experience to handle even the most complex cases. Our experienced team examines various aspects of your case and, perhaps most importantly, we genuinely care about our clients and their future. We take the time to learn about their goals and priorities so that we can achieve an outcome that allows them to move past their mistakes and focus on the future they want. When you work with us, you become part of our team.
Our skilled criminal defense attorneys have experience handling a wide range of criminal cases. With a deep understanding of the legal system and a track record of successful cases, our lawyers are committed to achieving the best possible outcome in your case.
When facing a criminal charge, having dedicated and experienced attorneys on your side is critical. At The Nieves Law Firm, we understand the gravity of your situation, and our criminal defense attorneys provide unwavering support and legal guidance.
From the moment you reach out to us, we prioritize your well-being and legal interests. Our criminal lawyers are with you every step of the way, from arrest to hearings and beyond, to ensure that your rights are protected. Whether you’re facing charges related to DUI, drug offenses, assault, sex crimes or any other allegation, we have the knowledge and courtroom experience to fight vigorously on your behalf.
We believe in the power of collaboration and will actively involve you in the decision-making process, ensuring you are well-informed and empowered to make the best choices for your defense. Our goal is not only to navigate the legal complexities but also to provide you with the peace of mind and reassurance you deserve during this challenging time.
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Case Dismissed after Completion of Drug Court
All Charges Dismissed and Property Ordered to be Returned to Client
Deferred Entry of Judgment
Case Dismissed
Case Dismissed without Trial
Motion to Vacate Granted
Restraining Order Denied and Sealed
Both Cases Dismissed Prior to Trial
No Charges Filed
No Criminal Charges Filed & Detention
No Jail Time & No Sex Offender Registration
Pled to 1 Petty Misdemeanor and Not Required to Register as Sex Offender
