Facing a 2nd DUI offense plus felony charges and getting them reduced to misdemeanors is just what S&B Legal, DUI attorneys, were able to do for this client.
Facing criminal charges can be a scary and stressful experience. However, with the right legal team, even the most complicated cases can be resolved favorably.
Client Situation
Our client came to our office visibly nervous and anxious. He was facing a second DUI under Vehicle Code Section 23152(a), resisting a police officer under California Penal Code Section 69, possession of methamphetamine under Health and Safety Code Section 11377(a), and hit and run under Vehicle Code Section 20002(a).
What is a DUI?
A DUI, which stands for “Driving Under the Influence,” is a criminal offense that occurs when a person operates a vehicle while under the influence of alcohol or drugs. This offense can be classified as a misdemeanor.
But what is a misdemeanor? A misdemeanor offense is a less serious offense compared to a felony. However, a DUI is a criminal offense that can have serious consequences, including fines, driver’s license suspension, and in some cases, jail time.
What Happens If I Have a 2nd DUI Offense?
In California, the consequences of getting a 2nd DUI charge are more severe than those of a first DUI. Some of the consequences can include:
- Fines ranging from $390 to $1,000, not counting additional costs and fees that can significantly increase the total amount.
- Jail time of 96 hours (4 days), which can extend up to a maximum of one year.
- Suspension of driver’s license for up to two years.
- An IID (Ignition Interlock) will be required to be installed in the offender’s vehicle for a certain period of time. This device prevents the vehicle from starting if it detects alcohol on the driver’s breath.
- The offender will be required to complete a state-approved alcohol education program, which can last between 18 and 30 months.
Additionally, the person involved may be placed on probation for a period of 3 to 5 years. During this time, he or she must comply with certain conditions imposed by the court, such as not committing other crimes and not consuming alcohol.
A second DUI will usually result in a significant increase in car insurance premiums. Some insurance companies may even cancel the offender’s policy.
And of course, it is a charge that will be added to the offender’s criminal record, which can affect his or her employment opportunities, housing, and other aspects of life.
Legal Strategy and Reduction of Charges to Misdemeanors
To address this complicated case, our team of attorneys began an intense process of discovery and evidence review. We examined every detail of the case, from the circumstances of the arrests to the validity of the evidence presented.
After weeks of diligent work, we were able to negotiate with the prosecution and present compelling arguments that led to the dismissal of all but one charge. This painstaking and dedicated effort resulted in the reduction of the charges to a single misdemeanor.
The end result was remarkable. Instead of facing multiple serious charges and potential significant jail time, our client received:
- Informal probation
- A fine
- Participation in an alcohol program
- House arrest
This resolution allowed our client to avoid jail time and move on with his life with a much lighter burden.
Reflections and Lessons
You may be asking yourself: What are the chances of getting 2nd DUI reduced? How often are felony charges reduced?
This case highlights the importance of having experienced and committed legal representation. Even in seemingly hopeless situations, there are paths to favorable resolutions. The key is dedication, attention to detail, and a willingness to fight for the client’s rights.
At S&B Legal, we are committed to vigorously defending our clients and seeking the best possible results in every case, such as this one, reducing more serious charges to lesser offenses.
If you or someone you know is facing criminal charges, please do not hesitate to contact us for a free consultation. We are here to help you navigate the legal system and protect your rights.
