second offense DUI: Punishment in the O.C.

A second offense DUI in California carries mandatory jail time. California Vehicle Code 23152 requires at least 96 hours of confinement. But your actual sentence for a second offense DUI will vary greatly depending on what county you are in. Other factors that influence sentencing include; whether there was an accident, any injury, the driver's blood-alcohol level, excessive speed, a child in the car, and cooperation with the police.



A "standard second" is a term used by Orange County DUI lawyers. It refers to a second offense DUI where there is no accident, injuries or other aggravating factor. And in the case of a standard second sentence, there is a great deal of difference depending on the county. While some counties only require the minimum 96 hours of custody, other counties impose penalties that are close to the maximum punishment of one year in the county jail. Any Orange county DUI attorney will also tell you that a second offense DUI also carries other mandatory penalties as well. The defendant must pay a minimum fine and fees of around $2,000.00. Also, the defendant must complete an 18-month alcohol program. A second offense DUI defendant also must be placed on informal probation for five years. These minimum sentencing conditions must be imposed for any second-offense DUI, regardless of what county it occurred in.



In Orange County, a standard second offense DUI usually draws an offer of 90 days in the Orange County jail. If the defendant was still on probation for the first offense DUI, then the offer usually goes up to 120 days. If there was an accident the second offense DUI offer typically goes up to 180 days. The alternative to accepting a standard second offense DUI offer is to go to trial. Of course, if your DUI defense attorney can find a weakness in the DA's case, they may be able to get the charge reduced to a wet reckless. This charge requires no mandatory jail time.



If you would like to speak to an experienced DUI defense attorney call The Law Offices of EJ Stopyro at (949) 559-5500. We offer a free and confidential telephonic consultation.