If you have a prior DUI conviction within 10 years of a new case, then your new DUI will be treated as a second offense. The penalties will be much more severe on a second offense. You will be looking at mandatory jail time, 18 months in an alcohol program (instead of three months), as well as a higher fine and punishment in criminal court.
It behooves you to hire a Los Angeles DUI attorney who is local to your courthouse so that you can come up with a strategy for handling your second DUI.
Are There Factors That Would Enhance Or Aggravate A DUI Charge In LA County?
There are absolutely factors that can aggravate a DUI charge in Los Angeles County. In fact, the prosecutors look for aggravating factors when determining how they are going to handle your case and how harsh they and the judge will be on you.
Some of the factors that they will consider include how fast you were driving, in what manner you were driving, whether or not you were involved in an accident, whether or not there were any injuries, and how you dealt with the police.
If you were cooperative with the police and were stopped for something minor, such as failing to turn on your turn signal, then your attorney is going to be in a much stronger position to mitigate your case to a lesser charge.
What Are The Typical Sentences For First Time And Multiple DUI Convictions In LA County?
There are many different sentences that can be doled out depending on what exactly happened. On a typical DUI, you will be looking at doing a three, six, nine, 18 or 30 month-long alcohol program, which will be negotiated by your defense attorney. You are also going to pay a minimum fine of $390, as well as a 200% penalty assessment up to a maximum fine of $1000. Additionally, you will be looking at serving a probationary period of three to five years, depending on how serious the case is.
Other punishments include community service, community labor and participating in the hospital morgue program. As a participant in the hospital morgue program, you have to write a letter to the judge after you visit the morgue and see what happens to people who drink and drive.
You would also have to do a VIP program, which is a one-day seminar put on by Mothers Against Drunk Driving. You can be required to attend AA or NA meetings, especially when you are out on your own recognizance. Depending on your danger level, there are a number of other restrictions they can put on you. For example, they can make you wear a SCRAM bracelet, which determines whether or not you've had any alcohol.
You are definitely not going to be able to drive during the probationary period with any alcohol on your person or in your system. They can even disallow you from consuming any alcohol during your probationary period. It's very important to get an attorney who has been down this road before, who knows how to handle these cases and who will do everything they can to minimize the damage that a DUI can cause.
Are There Any Alternative Programs Available To DUI Offenders In LA County?
If somebody has a very bad alcohol or narcotics problem and they are facing a significant amount of jail time for DUI, sometimes we can get them into a live-in program instead of jail. A program of this sort can help to address the root of their problem, allow them to avoid jail time and hopefully put them in a much better position to move forward. If this is not the case, then there are bare minimums that the prosecutors and judges must abide by for a first, second, third and fourth DUI.
What Can Your Firm Do To Help Me With My DUI Case In Los Angeles County?
Having handled DUIs in Los Angeles County for over 25 years, we can go over everything with you at the initial meeting. We will be getting to know your version of events and your life story. We want to be able to tell the prosecutor and the judge positive things about you, because the police typically focus only on the bad aspects of a person.
We focus on damage control and take the position of “Do it once, do it right and never do it again.” It's traumatizing when you get a DUI because you are arrested and essentially lose control of your life.
After our first meeting, we're going to have a game plan. You are going to know what you are up against, what you can do to help us and how exactly we are going to help you. You are going to see the light at the end of the tunnel. We are going to help you put the whole event behind you as soon as possible and in a professional, discreet manner.
For more information on Impact Of Prior DUI Arrest, a free initial consultation is your next best step. Get the information and legal answers you are seeking by calling (213) 542-0979 today.