If you have been charged with a criminal offense under California Vehicle Code Section 23540: Second DUI Offense within Ten Years, your penalties could be severe. The allegations against you could have a substantial impact on your life.
If you hope to avoid the devastating penalties ahead of you, having an experienced Los Angeles DUI lawyer advocating for your liberties may be in your best interests. Here is more about when you might face charges under CA VC Section 23540, the consequences of a conviction, and the ways you may be able to avoid being found guilty of a second DUI offense within 10 years.
When You Can Be Charged Under CA VC 23540: Second DUI Offense within 10 Years
To be convicted of a violation under California Vehicle Code Section 23540, the prosecutor must prove beyond a reasonable doubt that:
- You have previously been convicted of driving under the influence of drugs or alcohol.
- You are convicted of driving under the influence of drugs or alcohol for a second time within the last ten years of your first conviction.
You should not be charged with an offense under CA VC 23540 if your original DUI charges were dropped, dismissed, or you were convicted.
Other Criminal Charges Related to California Vehicle Code Section 23540
If you are charged with a second-time DUI within the last ten years, there are also several other criminal charges you could be facing in addition to your CA VC 23540 charges. These offenses include:
- Underage drinking with a blood alcohol concentration (BAC) level of .05 or more: Under California Vehicle Code Section 23140 – Anyone under the age of 21 who has a BAC level of .05% or higher can be charged with both CA VC 23140 and 23540 offenses.
- Driving with a BAC of .08% or more under California Vehicle Code Section 23152(b) – You can be charged with a CA VC 23152(b) violation only if you have previously been convicted of a DUI within the last ten years.
- Driving under the influence while causing an injury under California Vehicle Code Section 23153 – DUI causing an injury can be charged at the misdemeanor or felony level and may come with an enhanced penalty if this is your second DUI conviction in the last ten years.
Potential Penalties for a Conviction for a Second DUI Offense Within 10 Years
Section 23540 VC includes enhanced penalties for a second DUI in addition to the initial penalties you will face for your second DUI offense. Some of the criminal penalties associated with a conviction under California Vehicle Code §23540 include:
- Fines as high as $1,000
- Incarceration in a county jail for up to one year
- Suspension or revocation of your driver’s license for a maximum of two years
When you are convicted of a DUI for the second time, there are other penalties you will face as well. These might include:
- The Department of Motor Vehicles can disallow the issuance of a restricted driver’s license.
- You may be required to participate in a DUI program, known as SB 38.
- You may be required to install an ignition interlock device (IID) in your vehicle at your own expense.
- You may be ordered to remain on probation for up to five years.
- You may be required to participate and group therapy or mental health counseling.
- You may be required to complete a MADD VIP program or HAM course.
- You may be required to complete a drug or alcohol treatment program.
Collateral Consequences
There are also collateral consequences you may face, such as:
- Citizenship or immigration troubles
- Loss of firearm rights
- Child custody or visitation issues
- Loss of federal student aid rights
- Difficulty finding a job
- Trouble finding affordable housing
- Reputational damage
- Being passed over for job opportunities
How to Defend Yourself Against California Vehicle Code Section 23540
There are several potential defenses you could use to dodge a conviction when you are facing charges under California Vehicle Code Section 23540. Since this is not your first offense, the prosecutor may be less likely to allow you to enter a pretrial diversion program. Alternatively, they may be willing to work out a plea agreement that has specific requirements in place.
If you agree to meet the terms of the plea agreement as outlined, the prosecutor could reduce the charges against you or dismiss them entirely. However, if your case needs to go to court, there are multiple defenses your criminal defense lawyer could present at trial. Some of the more common defenses used to challenge allegations under CA Vehicle Code Section 23540 include:
- Arguing that you were not under the influence of drugs or alcohol at the time of your arrest
- Showing that you were not previously convicted of drunk driving
- Demonstrating how law enforcement officials violated your constitutional rights or failed to follow necessary procedures
These are just a few of the different ways you may be able to defend yourself when you are charged with a second DUI offense within ten years. Since the penalties can be so severe, working with a Los Angeles DUI attorney may be the best way to avoid the harsh ramifications of a guilty verdict.
Reach Out to a Los Angeles DUI Attorney for Help Today
The charges under California Vehicle Code Section 23540, a second DUI offense within ten years, could carry penalties that could haunt you for the rest of your life. Fortunately, if you take steps to clear your name of the allegations against you, you may be able to dodge a conviction and get back to your life.
You can find out more about which defense is most likely to produce a favorable outcome in your case and how your attorney recommends you proceed when you contact your dedicated Los Angeles DUI lawyer. Fill out our confidential contact form or call our office to get started on your defense as soon as today.