Second DUI Offense in Marin County | Brownstein Law Group, PC

Experienced Marin County DUI Attorney for Second DUI Offenses

While getting a DUI in California has serious consequences, the consequences of a second DUI can be even greater. Prosecutors often place increased emphasis on holding repeat offenders accountable as well. As a result, if you are facing a second DUI charge, you need experienced legal representation—and you should discuss your case with an experienced Marin County DUI attorney right away.

Our DUI defense attorneys have extensive experience representing clients facing DUI charges as repeat offenders in Marin County. Once you get in touch, we can explain everything you need to know, and we can help you make informed and strategic decisions about your next steps. While you have options regardless of the facts of your case, you need to ensure that you strategically pursue the right options under the circumstances at hand.

Penalties for a Second DUI in California

If you are facing a second DUI charge in California, you are facing greater penalties than you faced the first time around. While the specific penalties you are facing depend on the facts of your case, generally speaking, the penalties (and other consequences) you can face as a result of a second DUI conviction in Marin County include the following.

Standard Penalties for a Second DUI in Marin County

The standard penalties for a second DUI in Marin County are established in Section 23540 of the California Vehicle Code. These penalties include:

Jail Time – A second DUI in California, “shall be punished by imprisonment in the county jail for not less than 90 days nor more than one year.”
Probation – A second DUI in California can also result in being sentenced to three to five years of probation.
Fines – A second DUI in California also carries a minimum fine of $390 and a maximum fine of $1,000.
Penalty Assessments – Along with a fine of up to $1,000, you can also face “penalty assessments” that add to the cost of your second DUI conviction.
Driver’s License Suspension – If you get convicted of a second DUI in Marin County, you can lose your driver’s license for up to two years.
DUI School – If you get convicted of a second DUI, the judge can also sentence you to mandatory drug or alcohol treatment (commonly referred to as “DUI School”).
Ignition Interlock Device (IID) – A second DUI in California can also result in a requirement to install an ignition interlock device (IID) on your vehicle for up to two years.

If you lose your driver’s license, you will have to pay to get your driver’s license back when your suspension ends. Likewise, if you get sentenced to DUI School or are required to install an IID in your vehicle, you will have to comply with these requirements at your expense. These can add thousands of dollars to the costs of your second DUI.

Importantly, to be prosecuted as a repeat offender in Marin County, your previous DUI conviction does not have to be from Marin County—or even from California. If you have a prior DUI from another county or another state, you could be facing the penalties listed above even if this is your first arrest in Marin County.

Aggravating Factors that Can Increase the Penalties for a Second DUI

While the standard penalties for a second DUI are substantial, there are various aggravating factors that can increase the risks of a second DUI even further. For example, you could be facing additional jail (or prison) time, enhanced fines and/or other penalties if your case involves:

An extremely high blood alcohol concentration (BAC)
Driving under the influence with a minor in your vehicle
Speeding, reckless driving or any other serious traffic violation
Causing an accident resulting in serious injury or death
Refusal to take the breathalyzer during your DUI stop

Even these are just examples. Once you hire an experienced DUI attorney to represent you, your attorney will be able to examine the facts of your case and determine the specific penalties you are facing.

Collateral Consequences of a Second DUI Conviction

Along with the penalties you are facing in court, second DUI convictions can have other serious consequences as well. These are commonly referred to as the “collateral consequences” of a second DUI. If you are found guilty of a second DUI in Marin County, this could lead to collateral consequences including:

Increased auto insurance premiums
Difficulty finding a job
Academic consequences
Professional licensing consequences
Immigration consequences

These, too, are just examples. Ultimately, the collateral consequences of a second DUI in Marin County can have costs that far exceed those you can face in court. Not taking any career or immigration-related consequences into account, the California Courts estimate the lifetime costs of a DUI at a minimum of $45,435. This is critical to keep in mind when thinking about how to approach your case—including whether you hire a Marin County DUI attorney to represent you.

California’s 10-Year “Lookback” Period for Second DUIs

California has a 10-year “lookback” period for second DUIs. Section 23540 of the California Vehicle Code makes this clear, stating that, “[i]f a person is convicted of a violation of Section 23152 [California’s DUI statute] and the offense occurred within 10 years of a separate violation,” the person can face the penalties listed above.

This means that if you have a prior DUI that is more than 10 years old, you should not be charged as a repeat offender. If you believe that you are improperly being charged as a repeat offender (or if you can’t remember when you got your last DUI), your attorney will be able to assist with ensuring that you do not unjustly face the enhanced penalties for a second DUI.

Why You Need an Experienced DUI Defense Attorney

If you are facing a second DUI in Marin County, there are several important reasons to put an experienced DUI defense attorney on your side. Here are just some of the ways an experienced attorney will be able to help you in this scenario:

1. Determining the Specific Charge(s) and Penalties You Are Facing

When you are facing a second DUI, it is critical to ensure that you know the specific charge(s) you are facing. While you might be facing a standard second DUI charge, depending on the circumstances of your case, you could also be facing:

DUI refusal (if you refused the breathalyzer)
DUI with minor passenger
Open container violation
Speeding, reckless driving and/or other traffic violations
Felony DUI

Along with determining the specific charge(s) against you, your attorney can also determine the specific penalties that are on the table. An experienced attorney will also be able to explain the specific ranges of penalties you are likely to face if you get convicted in court.

2. Determining What Defenses You Have Available

Regardless of the facts of your case, you have defenses available. At an absolute minimum, you can argue that the prosecution’s evidence is insufficient to prove your guilt beyond a reasonable doubt.

But, there are many other potential defenses to DUI charges in Marin County—including defenses based on California’s DUI laws and defenses based on your constitutional rights. An experienced DUI attorney will be able to assess all potential defenses and explain which defenses are most likely to give you the best chance of avoiding unnecessary consequences.

3. Helping You Decide How to Approach Your Case

Once you know what is at stake in your second DUI case and the defenses you have available, then you can make informed decisions about how you want to proceed. Broadly speaking, there are two options: (i) target a plea deal that minimizes the consequences of your arrest; or, (ii) fight your second DUI in court.

4. Negotiating with the Prosecutor’s Office (if You Decide to Seek a Plea Deal)

If you decide that it makes sense to target a plea deal under the circumstances at hand, your attorney will negotiate with the prosecutor’s office on your behalf. Your attorney will explain what you can reasonably expect based on the facts of your case, and your attorney will help you make an informed decision about whether to accept any offers that are on the table.

5. Fighting for a Just Result in Court

If you decide that it makes sense to fight your DUI, your attorney will fight for a just result in Marin County Court. Fighting any type of DUI in court requires experienced legal representation; and, the sooner you hire an attorney to represent you, the more your attorney will be able to do to protect you.

Schedule a Free Consultation with DUI Attorney Josh Brownstein

Are you facing a second DUI in Marin County? If so, we can help, and we encourage you to contact us promptly for more information. To discuss your case with experienced Marin County DUI attorney Josh Brownstein in confidence as soon as possible, call 415-965-6183 or request a free consultation online today.