Second Offense DUI In ALameda County

Second Offense DUI cases in the San Francisco Bay Area are handled very differently depending on the county of arrest, facts of the case and the views of the District Attorney. Many factors affect DUI sentencing on second offenses and therefore punishments can vary widely making it crucial that you're represented by an experienced San Francisco Bay Area DUI lawyer who knows what to ask for during settlement negotiations and is ready to fight if settlement fails.

Alameda County second offense DUI cases are misdemeanors and prosecuted under the same statute as all non injury California DUI's, Vehicle Code Section 23152, which states:

CALIFORNIA VEHICLE CODE SECTION 23152 DRIVING UNDER THE INFLUENCE OR DUI

(a) It is unlawful for a person who is under the influence of any alcoholic beverage to drive a vehicle.

(b) It is unlawful for a person who has 0.08 percent or more, by weight, of alcohol in his or her blood to drive a vehicle.

For purposes of this article and Section 34501.16, percent, by weight, of alcohol in a person’s blood is based upon grams of alcohol per 100 milliliters of blood or grams of alcohol per 210 liters of breath.

In any prosecution under this subdivision, it is a rebuttable presumption that the person had 0.08 percent or more, by weight, of alcohol in his or her blood at the time of driving the vehicle if the person had 0.08 percent or more, by weight, of alcohol in his or her blood at the time of the performance of a chemical test within three hours after the driving.

(c) It is unlawful for a person who is addicted to the use of any drug to drive a vehicle. This subdivision shall not apply to a person who is participating in a narcotic treatment program approved pursuant to Article 3 (commencing with Section 11875) of Chapter 1 of Part 3 of Division 10.5 of the Health and Safety Code.

(d) It is unlawful for a person who has 0.04 percent or more, by weight, of alcohol in his or her blood to drive a commercial motor vehicle, as defined in Section 15210. In a prosecution under this subdivision, it is a rebuttable presumption that the person had 0.04 percent or more, by weight, of alcohol in his or her blood at the time of driving the vehicle if the person had 0.04 percent or more, by weight, of alcohol in his or her blood at the time of the performance of a chemical test within three hours after the driving.

(e) Commencing July 1, 2018, it shall be unlawful for a person who has 0.04 percent or more, by weight, of alcohol in his or her blood to drive a motor vehicle when a passenger for hire is a passenger in the vehicle at the time of the offense. For purposes of this subdivision, “passenger for hire” means a passenger for whom consideration is contributed or expected as a condition of carriage in the vehicle, whether directly or indirectly flowing to the owner, operator, agent, or any other person having an interest in the vehicle. In a prosecution under this subdivision, it is a rebuttable presumption that the person had 0.04 percent or more, by weight, of alcohol in his or her blood at the time of driving the vehicle if the person had 0.04 percent or more, by weight, of alcohol in his or her blood at the time of the performance of a chemical test within three hours after the driving.

(f) It is unlawful for a person who is under the influence of any drug to drive a vehicle.

(g) It is unlawful for a person who is under the combined influence of any alcoholic beverage and drug to drive a vehicle.

A second offense DUI is a DUI arrest that occurred with ten (10) years of any prior DUI or wet reckless offense.  The date is triggered by the prior DUI arrest, not the date of DUI conviction. Stale priors are DUI offenses that are outside the ten year window and technically cannot be used to elevate a second DUI offense, however, they can still be considered by the district attorney or judge when determining punishment on the new DUI offense.  Moreover, the length of time between the first and second DUI arrests is often critical.  DUI priors over seven years old are not as bad as three years old.  Indeed, the DUI second offender may still be on probation for the first DUI or even worse driving on a suspended license pursuant to California Vehicle Code Section 14601.2.  Second offense DUI's are misdemeanor offenses unless the new arrest involved a collision with injuries, child endangerment or the prior DUI arrest was a felony DUI. Otherwise, second offense DUI's are generally handled the same as first offense DUI's in the court with some differences.  

The first difference between a first and second offense DUI arrest will be noticed at the time of release.  Almost all DUI first offenders are taken to jail after arrest and ultimately released with a citation and promise to appear for a given court date, or arraignment.  This is mostly true of second offense DUI's as well, but not always.  You should know that if you've been arrested for a second offense DUI in the Bay Area, there's a chance that you will not be released unless you post a bail bond.  Bail bonds for second offense misdemeanor DUI's are rarely in excess of $10,000, an amount which is typically paid by a bail bondsman for a non refundable ten percent premium or $1,000.  

If the DUI arrestee cannot afford the bail bond, they will remain in custody until their first court appearance or arraignment.  The arraignment hearing will be held before a judge within a few court days and the judge will then either release the defendant without bail or allow release with conditions. Typical pretrial release conditions for second offense DUI's can include an order to attend AA meetings and seek treatment, an order to not drive, or a SCRAM order, which is a costly electronic device that the defendant must wear that will notify the court if he or she has consumed any alcohol.  Judges can get creative with pretrial release orders, so it's critical for a skilled DUI defense attorney to negotiate the most favorable conditions, i.e. AA meetings over SCRAM, because these conditions will remain in effect until the case is concluded.    

Second offense DUI's are subject to all of the same potential DUI enhancements and DUI defenses as a first offense DUI which include collisions, high blood alcohol, refusals, child endangerment, speed enhancements, etc.  Of these, a refusal on a second offense is the strictest punishment since the DMV will suspend a second DUI offender's license for a minimum two years with no restricted license if he or she is found to have knowingly refused a chemical test.  Second offense DUI cases in the Bay Area have the potential of actual jail and for this reason should not be trusted to inexperienced DUI attorneys or traffic ticket lawyers.