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What Happens if I Have a Pending DUI Case and Get Arrested for Another DUI?

It is not uncommon for someone to be arrested for a DUI while they already have a pending drunk driving charge in California. Multiple DUIs in a short amount of time may indicate substance abuse or drinking as a way to deal with stressful life events like a divorce or death of a loved one. Having a pending DUI followed by another arrest can result in loss of your driving privileges and costly penalties.

Dealing with multiple DUIs at the same time can be overwhelming. However, an experienced Contra Costa or Alameda County DUI lawyer can help you through the process by informing you of your rights, helping you proactively take steps to address the court's concerns, and challenging the prosecutor's evidence to avoid a conviction.  If you are facing multiple DUIs in the East Bay contact an experienced California criminal defense lawyer as soon as possible

Immediately After a DUI Arrest in California

Whether it's your first DUI arrest, second DUI, or multiple drug or alcohol DUIs in California, the most immediate consequence of a drunk driving arrest is the suspension of your driver's license. A driver's license may be taken away after a DUI arrest and they will be given a temporary license. 

This temporary license is only good for 30 days. However, if you want to challenge the suspension, you only have 10 days to request an administrative license suspension hearing. The administrative hearing is separate from the criminal charges and the suspension is handled through the Department of Motor Vehicles (DMV). Talk to your California DUI lawyer as soon as possible to request a DMV hearing to try and keep your license after an arrest.  

Back-to-Back DUI Arrests

Even though DUIs are relatively common in California, multiple DUIs in a short period of time can be a sign of some other problems in the driver's life. It may just be bad timing or being in the wrong place at the wrong time but when a judge sees an individual is charged with back-to-back DUI charges, the judge will likely suspect a substance abuse problem. 

The good news is that many courts in California understand that DUIs or alcohol-related arrests may indicate a problem with alcohol and/or drugs. While it may not result in avoiding a criminal  conviction, a judge may be more lenient towards a defendant who seeks out substance abuse treatment after the arrest before any probationary conditions are handed down. 

What can you do after multiple DUI arrests to help your case? 

Talk to your attorney about things you can do after multiple DUIs to help your case. In general, it can help your case to be proactive about addressing any substance abuse issues. This can include seeking alcohol or drug treatment, signing up for community service, or admitting to a problem with alcohol. Of course, make sure you talk to your lawyer about the consequences of what you say to the police or the court. 

Court-Ordered Substance Abuse Treatment and Education After a DUI in California  

Whether or not you seek out substance abuse treatment before your court dates, the consequences of a DUI in California often involve alcohol treatment and education. The court may order the driver to enroll in and complete a substance abuse and education treatment program, sometimes referred to as DUI school. As part of DUI school, an individual evaluation may include a recommendation for additional treatment. 

In addition to DUI school, a judge may order as part of probation or as a requirement for getting a driver's license reinstated, an ignition interlock device, drug or alcohol testing, drug or alcohol monitoring, Victim Impact Panel participation, community service, AA meetings, or substance abuse counseling. 

If I am not guilty of the first DUI, can I be charged with a second DUI?  

If you have two pending DUI cases and the first DUI ends in a not guilty verdict or the prosecutor drops the charges, then you will not generally be charged with multiple DUI charge in the latter case. One of the elements of a second DUI (or subsequent DUI) includes proving that the defendant was convicted of a qualifying offense within the past 10 years. California has a 10-year look-back period for counting multiple DUIs. A DUI 11 years ago would not count as a priorable offense. 

Multiple DUI Charges for East Bay Drivers

Each subsequent charge for a DUI carries greater penalties. At Gorelick Law Offices APC, Lynn Gorelick has more than 35 years experience successfully defending drivers arrested for drunk driving in Contra Costa County or Alameda County. Contact East Bay DUI lawyer Lynn Gorelick today.

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