ADMINISTRATIVE DRIVERS LICENSE SUSPENSION:The administrative action by the DMV, is the suspension that the DMV hearing officer decides whether to impose, after an Administrative Per Se (APS) hearing is conducted. The license suspension associated with a second offense administrative action is a one year suspension, with no eligibility for a restricted license. However, if you are convicted in court of the second offense, you may get the restricted license under California Vehicle Code 13352 or 13352.5. Only a knowledgeable DUI attorney can inform you of all of your options. An attorney at The Law Office of Ben Mironer will fight your case in court and at the DMV, all while keeping you informed about the proceedings and your legal rights.
REFUSAL: The consequences for a refusal in court, on a second offense, are worse than a regular second DUI. Aside from the sentencing enhancement, it is an enhancing factor that the prosecutor considers in making an offer. An attorney at The Law Office of Ben Mironer can truly help someone charged with a Refusal, because these cases tend to have less evidence for a prosecutor. In a second offense, a person facing mandatory jail if they plead guilty, may find it worthwhile to take their chances at trial. It is usually more difficult to prove levels of impairment, without chemical evidence. This is why it is crucial to have an attorney that the prosecutors know will not hesitate to take a good case to trial.