When someone has been charged with their second DUI, they are facing a two-year suspension. The first year of the suspension is a full suspension. However, under Vehicle Code section 13352(a)(3)(A) if the DUI did not involve drugs and the person was found to only be under the influence of an alcoholic beverage at the time of the violation, then that person can apply for a restricted license after 90 days of a no-driving suspension. Once the 90-day suspension is complete, an ignition interlock device is installed for one year, the driver gets SR-22 insurance, the individual enrolls in an 18-month DUI school, and the fees are paid, then the driver will be able to secure a restricted license that allows them to drive with the ignition interlock device installed.
To learn more about what happens to your license following an Oakland second-offense DUI, contact a well-established second-offense DUI lawyer.
Like a first-time DUI offense, there are extensive fines and fees associated with a second DUI charge. For a second offense, the maximum penalty is a $1,000 fine and one year in jail. In lieu of jail time, the offender may be placed on probation and face an 18-month DUI school, other fees and assessments, restitution, installation of the ignition interlock device, and custodial time. An individual’s license following an Oakland second-offense DUI is a two-year suspension and they will not be eligible for a restricted license until after the first year. It is important to remember that the consequences for a second DUI conviction are much higher than a first. Therefore, it is essential for defendants to reach out to an experienced attorney.
Challenging a suspension of a license after a second-offense DUI follows the same process as to whether it was a first or third charge. After a second DUI offense, the driver is still eligible to request a hearing to contest a suspension within 10 days of the arrest. People should know that there is no challenge to the suspension when a license is suspended through a plea bargain between the defense and the district attorney’s office.
If the defendant took a chemical test, the DMV will be required to prove that the officer had reasonable cause to believe the driver was driving their vehicle in violation of the DUI laws and that the officer lawfully detained the driver. If the driver refused or failed to complete a chemical test, then the DMV will need to show that the officer had reasonable cause to believe the driver was violating DUI laws, the officer lawfully detained the driver, the driver was told their driving privileges would be suspended or revoked if they refused, and the driver refused to take the test after being requested.
A driver could have their full driving privileges reinstated after an acquittal when no suspension order was issued by the DMV. When the administrative hearing does not result in a suspension and a trial ends with an acquittal, then the individual can get their license reinstated. However, if the defendant is acquitted at trial and the DMV ordered the license suspension after an administrative hearing, then they cannot get their license back until the suspended period is completed.
If you have been charged with your second DUI and would like to know what happens to your license following an Oakland second-offense DUI, call an accomplished lawyer today. An attorney could help you understand your options and also fight to get your driving privileges back.
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 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
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Thank you to the whole Nieves legal team, especially to my attorney, Mari Bowie, for being so supportive, helpful, and professional to me and my family in these hard times in my life. I highly recommend them to anyone looking for a law firm that actually looks at you as a human-being first and cares about your well-being. I appreciate all the support they’ve given and will go to them again if I ever need to down the road.
The Nieves Law Firm has an outstanding team of attorneys who are supportive and provide exceptional Client service. The founding attorney Jo-Anna, firmly stands on her mission and is backed by a team with expertise. You can trust you’ll be in good hands and that their team will give their absolute best to help you. If you’re looking for a criminal defense attorney look no further they are knowledgeable and honestly the best to work with!