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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.

Treatment of a Second-Offense DUI Charge

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.

Where are Second-Offense Charges Heard?

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.

Handling of a Second-Time DUI Offense by Prosecution

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.

Defenses That May be Used By an Oakland DUI Lawyer

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.

Diversion Programs

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:

  • Must be a current or former member of the military
  • Misdemeanor charges
  • Qualified diagnosis of a traumatic injury related to military service

Once deemed suitable for military diversion, upon successful completion of the diversion program, the matter may be dismissed and the arrest sealed.

How Long is the Probationary Period for a Second DUI Offense?

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.

Contacting an Oakland Second Offense DUI Attorney

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.

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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.

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