The Second or Third DUI charge in San Diego
The practical matter of multiple DUI’s in San Diego. Getting a second DUI in San Diego is a greater problem as it relates to you and your driving privilege. The San Diego DA’s office will view second DUI offense very critically as there had been greater instance of death and injury recently to innocent people on the highway by second time DUI offenders. California’s vehicle code regarding a second offense is as follows.
California Vehicle Code Sec. 23580, Second or Subsequent Offense Involving Alcohol or Drugs - Multiple DUI's; Minimum Confinement
If any person is convicted of a violation of section 23152 or 23153 and the offense was a second or subsequent offense punishable under Sec’s. 23540, 23546, s23550, s23560, or 23566, the court shall require that any term of imprisonment that is imposed include at least one period of not less than 48 consecutive hours of imprisonment or, in the alternative and notwithstanding Sec. 4024.2 of the Penal Code, that the person serve not less than 10 days of community service.
Specifically, the San Diego DA’s office will look at how many DUI’s you have had in the last 7 years. In order to be charged with a second DUI one would have had to have the second within 7 years of the first. If it is after the 7 year mark, for instance the DUI charged is in the 8th year, you are charged as if it was a first DUI. Unfortunately, the court may use the fact that you have had a DUI in your past in considering your penalty.
Second, third, and fourth DUI’s make penalty negotiations much more difficult. Your lawyer will need to be aggressive and creative in order to positively argue on your behalf. If you have not been addressing your alcohol or drug issues, and you have received a second or third DUI, it is time to face the problem, particularly since it may be your only hope of escaping significant jail time.
In San Diego, if you are being charged with a second or third DUI you are facing potential mandatory jail time, longer alcohol treatment programs, impounds of your vehicle, and mandatory license suspensions.
