Oakland Second Offense DUI Lawyer

If you’ve been accused of a misdemeanor or a serious felony – whether in Alameda or Contra Costa county – an Oakland criminal defense attorney can help. At Summit Defense, our goal is always the complete dismissal of all charges. If this isn’t possible, we often negotiate solutions for our clients that allow them to avoid jail and sometimes even prosecution.

Oakland Second Offense DUI Lawyer

If you’ve been accused of a misdemeanor or a serious felony – whether in Alameda or Contra Costa county – an Oakland criminal defense attorney can help. At Summit Defense, our goal is always the complete dismissal of all charges. If this isn’t possible, we often negotiate solutions for our clients that allow them to avoid jail and sometimes even prosecution.

Oakland second offense DUI lawyerBeing charged with a second DUI in California is a significant and grave issue. A second DUI offense carries more severe treatment from the criminal justice system compared to a first-time charge, bringing harsher penalties and lasting repercussions. At Summit Defense, we recognize the seriousness of these accusations and are committed to safeguarding your legal rights.

Our experienced Oakland DUI lawyers specialize in defending individuals accused of second-offense DUIs, ensuring you have the best possible chance at a favorable outcome. If you’re dealing with a second DUI charge, don’t wait—reach out to our law firm immediately for the support you need.

Our Oakland Second Offense DUI Lawyer Understands the Severity of DUI Charges

Our Oakland second offense DUI lawyer understands the severity of DUI chargesA second DUI charge can have life-altering consequences. Beyond the immediate legal penalties, a conviction can affect your employment, personal reputation, and even your freedom. The stakes are higher because the courts view repeat offenses as a sign of disregard for the law.

At Summit Defense, we recognize the emotional and legal challenges you’re facing. Our team of skilled criminal defense attorneys is here to guide you through every step of the process. We know how critical it is to have a lawyer who understands local DUI laws and court procedures.

Our Oakland DUI attorneys are familiar with the tendencies of local judges and prosecutors, which allows us to build stronger defenses tailored to your case. When you’re up against a second DUI charge, having an experienced Oakland DUI lawyer by your side can make all the difference.

Understanding a Second Offense DUI in California

A second DUI offense in California occurs when you’re charged with driving under the influence within 10 years of a prior DUI conviction. This charge is more complex than a first-time DUI, as the penalties are significantly harsher. The legal process becomes more challenging, and the consequences can feel overwhelming.

At Summit Defense, we know how to navigate these complexities. Whether it’s dealing with the California DMV, challenging evidence, or negotiating with prosecutors, our experienced Oakland DUI attorneys are equipped to handle every aspect of your case.

How California Defines a Second DUI Offense

Under California law, a second DUI offense a second DUI offense occurs when someone drives with a BAC of 0.08% or more within a decade of being convicted of a previous DUI. Even if your previous charge resulted in a plea deal like a wet reckless, it may still count as a prior offense.

This means the court will treat your current charge as a second DUI, leading to stricter penalties. If you’ve been charged with a DUI in Oakland, CA, it’s essential to seek guidance from a knowledgeable defense lawyer familiar with the specifics of DUI cases in California.

A second DUI charge can also involve drunk or drugged driving, including cases involving a marijuana DUI. The California Vehicle Code Section outlines these offenses, and the Department of Motor Vehicles (DMV) plays a significant role in enforcing penalties like driver’s license suspension.

The California Vehicle Code provides details on these violations, with the Department of Motor Vehicles (DMV) taking a key role in carrying out punishments such as the suspension of driving privileges. Teaming up with a criminal defense firm such as Summit Defense is crucial to safeguarding your rights and crafting a solid DUI defense strategy.

Difference Between First and Second DUI Charges

The penalties for a second DUI are far more severe than those for a first-offense DUI. While a first DUI might result in fines and a temporarily suspended driver’s license, a second DUI carries mandatory jail time, longer driver’s license suspensions, and higher fines.

For example, a second DUI conviction can lead to up to one year in jail, fines ranging from $390 to $1,000, and a two-year license suspension. These consequences highlight the importance of having an experienced DUI attorney on your side.

In cases involving multiple DUI offenses, the stakes are even higher. A third DUI conviction can result in felony charges, especially if aggravating factors like a high BAC or involvement in an accident are present. Additionally, the California DMV may classify you as a habitual traffic offender, which can lead to extended license revocations and mandatory alcohol treatment programs.

If you’re facing criminal charges in Alameda County, our law office is here to help. We specialize in defending clients against California DUI charges, whether it’s a first DUI offense or multiple DUI arrests.

By working with a criminal defense law firm like Summit Defense, you can ensure that your case is handled by DUI and DWI lawyers who know how to navigate the complexities of the criminal court system. Don’t let a pending DUI case derail your future—contact us today for expert legal representation.

Penalties for a Second DUI Conviction

Penalties for a second DUI convictionThe penalties for a second DUI conviction are significantly harsher than those for a first offense. Whether you’re dealing with a standard DUI, an underage DUI, or a case involving reckless driving, the consequences can be severe. Fines, jail time, mandatory DUI school, and ignition interlock device (IID) requirements are just the beginning.

If you’re facing charges, working with a multiple DUI lawyer experienced in handling multiple DUI cases is crucial to successfully managing the intricacies of both the California DMV and the legal process. Don’t face these penalties alone—seek experienced legal help to protect your rights.

Fines, Jail Time, and License Suspension

A second DUI conviction in California can result in fines ranging from $390 to $1,000, along with additional court fees. Jail time is mandatory, with sentences ranging from 96 hours to one year. Your driver’s license may also face a suspended driver’s license for up to two years.

However, alternative sentencing options like house arrest or electronic monitoring may be available in some cases. If your case involves aggravating factors, such as a felony DUI or a high blood alcohol concentration (BAC), the penalties can be even more severe. Working with an experienced Oakland DUI attorney can help you explore options to minimize these consequences.

DUI School and Probation Requirements

Second DUI offenders are required to complete an 18-month DUI school program. This program is designed to educate offenders about the dangers of driving under the influence and help prevent future offenses. Additionally, you’ll likely be placed on probation, during which you must avoid further legal violations and attend all required classes.

For some, this may include completing an alcohol treatment program, especially if this is not your first offense DUI. If you’re located in Oakland, CA, our legal team is here to guide you through these obligations, ensuring you stay compliant while safeguarding your rights.

Ignition Interlock Device (IID) Requirements

California law requires second DUI offenders to install an ignition interlock device (IID) in their vehicles. The breathalyzer device prevents your car from starting if it detects alcohol on your breath. The costs of installing and maintaining an IID can add up, and you’ll face restrictions on your driver’s license until you comply with this requirement.

If you’re dealing with a pending DUI case, it’s crucial to prepare for your DMV hearing and understand how an IID could impact your daily life. At our law firm, we specialize in DUI defense, including cases involving wet reckless pleas or high blood alcohol levels.

What Should You Do If Facing a Second DUI Charge?

If you’re facing a second DUI offense, it’s crucial to act quickly. Here’s what you should do:

  1. Contact an experienced Oakland DUI lawyer immediately. An experienced lawyer from a reputable legal team can lead you through the legal proceedings while safeguarding your rights.
  2. Avoid speaking to law enforcement without legal representation. Any statement you make regarding your DUI charge can be used as evidence against you in court.
  3. Gather evidence to support your case. This could include witness statements, proof of improper police procedures, or details about your blood alcohol concentration (BAC) at the time of arrest.
  4. Prepare for a potential driver’s license suspension. The DMV may suspend your license, so it’s important to act quickly and request a hearing.

Taking action early on is crucial to developing a solid defense plan for your DUI charges. Whether you’re dealing with a drunk driving charge or other related offenses, our law office is here to help you navigate the legal system and fight for the best possible outcome.

Aggravating Factors That Can Increase Penalties

Aggravating factors that can increase penaltiesCertain factors can make a second DUI case even more challenging. These include high BAC levels, accidents involving injuries, and refusing a breathalyzer test. Let’s explore how these aggravating factors can impact your case.

High Blood Alcohol Content (BAC) Levels

When your blood alcohol concentration is considerably higher than the legal threshold—usually 0.15% or more—you may be subject to stricter consequences. These may include longer jail sentences, higher fines, and extended license suspensions. An experienced Oakland DUI attorney can help challenge BAC evidence and work to mitigate these penalties.

DUI with an Accident or Injuries

If your DUI involves an accident that causes property damage or injuries, the charges can escalate to a felony. Felony DUIs carry even harsher penalties, including longer prison sentences and permanent marks on your criminal record.

Refusing a Breathalyzer Test

In California, if you decline to take a breathalyzer test, your license can be suspended right away, and the consequences may become more severe. While you have the right to refuse, it’s important to understand the consequences and consult with a lawyer before making any decisions.

Defenses Against a Second DUI Charge

When facing a second driving under the influence charge, several defenses can be used to challenge the case. Here’s a quick list of common defenses:

  • Improper Traffic Stop: Challenging whether law enforcement had a valid reason to pull you over.
  • Faulty Breathalyzer Calibration: Questioning the accuracy of BAC test results due to device errors or improper maintenance.
  • Rising BAC Levels: Claiming that your blood alcohol concentration was under the legal threshold while you were driving but rose by the time the test was conducted.
  • Incorrect Field Sobriety Tests: Highlighting improper administration or conditions that may have affected the results.
  • Medical Conditions: Demonstrating that the police did not adhere to the correct legal protocols while arresting you.
  • Violation of Rights: Proving that law enforcement failed to follow proper legal procedures during your arrest.

At Summit Defense, we’ll explore every possible defense to protect your driver’s license and your future. Don’t face these charges alone—call us. We’ll help you build a strong case tailored to your situation.

How an Oakland DUI Lawyer Can Help

How an Oakland DUI lawyer can helpOur team at Summit Defense is dedicated to fighting for your rights if you’re facing a driving under the influence charge. We’ll negotiate with prosecutors to reduce charges, challenge evidence, and advocate for the best possible outcome in your DUI case. With our experience and knowledge of local DUI laws, we’ll work tirelessly to protect your future.

We will carefully examine the reliability of breathalyzer readings and the legality of the traffic stop. Additionally, we’ll highlight any mitigating factors to build a strong and comprehensive defense. Our goal is to minimize the impact of your DUI case on your life, from avoiding jail time to preserving your driver’s license.

If you’re dealing with a driving under the influence charge, don’t face it alone. Trust Summit Defense to offer the knowledge and assistance necessary for maneuvering through the legal process and securing the most favorable result.

FAQs

What happens if I’m convicted of a second DUI?

A second DUI offense may lead to imprisonment, monetary penalties, the loss of driving privileges, and compulsory attendance at a DUI education program.

Can I fight my second DUI charge?

Yes, with the help of an experienced Oakland DUI lawyer, you can challenge the evidence and build a strong defense.

Will my insurance rates increase after a second DUI?

Yes, a second DUI conviction will likely lead to higher insurance premiums.

Is jail time mandatory for a second DUI?

Yes, a second DUI conviction carries mandatory jail time, though alternative sentencing may be available.

How long does a second DUI stay on my record?

A second DUI conviction will remain on your criminal record for 10 years in California.

Can I drive after a second DUI arrest?

Your driving privileges may be suspended immediately after a DUI arrest, but you can request a DMV hearing to contest the suspension.

What is an ignition interlock device?

An ignition interlock device (IID) is a breathalyzer connected to a car that stops the engine from starting if alcohol is detected on the breath.

Can I get a restricted license after a second DUI?

Yes, you might qualify for a limited driving permit if you install an ignition interlock device and fulfill additional conditions.

What is DUI school?

DUI school is an educational program required for DUI offenders, lasting 18 months for second offenses.

Should I hire a lawyer for a second DUI charge?

Absolutely. An experienced Oakland DUI lawyer can help you navigate the legal process and fight for the best possible outcome.

Contact Our Oakland Second Offense DUI Lawyer for a Free Case Consultation

Contact Our Oakland Second Offense DUI Lawyer for a Free Case ConsultationIf you’re facing a second DUI charge, don’t wait to seek legal help. The sooner you contact Summit Defense, the better your chances of achieving a favorable outcome. Our experienced Oakland DUI attorneys are here to guide you through every step of the process. Contact us today for a free case consultation, and let us fight for your future.

Author Image
Rabin Nabizadeh
Attorney At Law

Rabin Nabizadeh is a dedicated criminal defense attorney with extensive experience in both Federal and State courts. He has successfully represented clients in cases ranging from Misdemeanor DUI and Theft to serious felonies such as Grand Theft, Burglary, Sex Crimes, and Murder. Notably, Mr. Nabizadeh possesses a unique understanding of Immigration Law, allowing him to adeptly navigate cases with both criminal and immigration consequences. Fluent in Hebrew and Farsi, he also enjoys playing classical guitar in his spare time.

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OAKLAND CALIFORNIA OFFICE

Summit Defense
1970 Broadway, #1145, Oakland, CA 94612
Meet The Team
With over 120 years of cumulative and exclusive Criminal Defense experience, our reputation for aggressive and results oriented performance, whether in State court or Federal Court, has been documented by several Bay Area news channels and vetted by hundreds of satisfied clients. Our success and industry recognition is the result of our EXCLUSIVE FOCUS on criminal defense; we don’t accept personal injury or family law cases. This single-minded focus allows us to keep pace with the ever-changing landscape of legal doctrine and provide you with the best results possible.
our attorneys
James Reilly
Attorney at Law
RABIN NABIZADEH
Attorney at Law
DEEPTI SETHI
Attorney at Law
MARIO ANDREWS
Attorney at Law
COLLIN MOORE
Attorney at Law
ALISON MINET ADAMS
Attorney at Law
SCOTT MOSSMAN
Attorney at Law
PATRICIA CAMPI
Attorney at Law
ROSS PYTLIK
Attorney at Law

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Thank you Collin and Rabin for all your tireless work. I can imagine dealing with me was difficult. I am glad I found you.
Sohel
Berkeley
Best criminal lawyers in Oakland. My case went to trial and I cant imagine where I would be without their help. Jim Riley is a genius and was always clearly the most knowledgeable person in court. Obviously I am very happy with the result.
Nirvesh R.
Can’t speak highly enough of Rabin Nabizadeh. Attentive, calm and very good at his craft. Managed to handle my severe anxiety and, at the end, get the case dismissed on the day of trial. Highly recommend.
Ibrahim J.
Berkely
About a year into fighting a DUI, my attorney got ill and recommended Rabin Nabizadeh to do the trial.  I had pretty much refused to do any tests and wanted a dismissal in the case.  Mr. Nabizadeh was absolutely relentless and convinced 12 jurors to find me not guilty.  Years later, we are friends on Facebook.
Dan B.
Oakland
I will never forget the call I got about my son’s arrest for murder.  Having never been through anything like that, I relied on my business lawyer for a referral and he immediately called Mr. Riley.  Within minutes of meeting him, I knew I was in good hands as he was able to provide much needed perspective.  Mr. Riley was able to reduce the bail (was set at one million) and after almost two years, resolve the case with no additional jail and an eventual dismissal.  Collin Moore and the rest of the gang were amazing and always available.
David M.
Oakland