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Second DUI Penalties in California

Second DUI in California is defined as: • Driving under the influence of alcohol, with a blood alcohol count of 0.08% or higher • Committing the offense for the second time within the space of ten years The penalty for a second DUI varies depending on the circumstances of the case.

Right to a Fair Trial

Some defendants think that they can "beat the system" on their own. Those who have been through the criminal system know better: having an experienced criminal defense attorney on your side is the best way to prevent becoming another statistic.

Constitutional Right to Counsel

The Sixth Amendment of the US Constitution guarantees the right to an attorney to anyone facing federal criminal charges. The 14th Amendment and some state constitutions also afford this right to anyone facing state felony charges.

Defenses to Crimes

Generally speaking, there are 2 basic components to every crime: the criminal act (actus reus) and the criminal intent (mens rea). The prosecution must prove not only that the defendant committed an act prohibited by the law, but also the intent to commit the criminal act beyond a reasonable doubt.

California DUI Under Age 18

When the BAC level exceeds 0.05% for an underage DUI offender, charges can be incremented to a misdemeanor offense. The penalties for this include possible time in jail for even first time offenders.

Consequences for Probation Violation?

Probation is a great way to avoid any or additional jail time. It is important to know that probation is a privilege not a right, and like most privileges there are rules attached. The severity of the consequence for a probation violation can depend on the original crime and the type of violation.

Is DUI A Felony in California

Readers who are wondering if DUI is ever charged as a felony, the answer is yes – but it all depends on the circumstances of the case.

Are There Times When a Police Officer Needs a Search Warrant?

Yes, there are times when a police officer must have a search warrant to search you or your belongings but in some cases, the officer can obtain verbal permission to search.

Finding a Job After a Criminal Conviction

If you have been convicted of a crime, you may wonder if you will be able to find employment. Employers are becoming increasingly concerned about knowing whether applicants have criminal records.

Criminal Defense Basics

Our criminal justice system is complex, both conceptually and procedurally. To ensure the fairness of the proceedings, each court system has its own rules of criminal procedure that govern the actions of all players: police, defense lawyers, prosecutors, judges and juries.

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