Second DUI In Santa Rosa Unmatched Skill, Unwavering Advocacy.

Santa Rosa Second Offense DUI Lawyer

Defending Against Multiple DUI Charges in California

In California, it only takes a few drinks to put you at risk for an arrest for driving under the influence. Not only is the limit for blood alcohol concentration low under state law, but you can also be convicted of DUI even if you register below the legal limit. And if you have been previously convicted of driving under the influence, the penalties you face under California law can be severe. To give yourself a chance at avoiding a conviction, contact a Sonoma County DUI attorney right away.

Call Wilber Law Offices, P.C. today at (707) 986-4482 or contact us online to schedule a consultation with our 2nd offense DUI attorney in Santa Rosa.

What Is DUI in California?

There are actually two different DUI offenses for alcohol under California law. The first, known as “per se” DUI, relates to your BAC at the time you are behind the wheel of an automobile on a California roadway. But California law also bars driving a vehicle while under the influence of an alcoholic beverage.

If you are charged with a DUI in Sonoma County, it makes no difference which of the two theories the prosecutor pursues against you. If the court finds you guilty under either theory, the potential penalties are the same.

Per Se DUI

The most common route a prosecutor will take to convict you of DUI is by proving your BAC was above the legal limit at the time you were driving. Under California law, a BAC at or above .08 is enough to warrant a conviction for DUI.

Intoxication DUI

According to California Vehicle Code 23152 (a):

It is unlawful for a person who is under the influence of any alcoholic beverage to drive a vehicle.

The sentence is broad by design, and intended to cover any driver who could be a risk behind the wheel due to intoxication even though their BAC is not above the legal limit. In order for the prosecutor to convict you, he or she must prove that you were driving a vehicle on a public road at a time that you were influenced by alcohol.

Does the Car Have to Be Moving For It To Be a DUI?

In California, there must be at least “slight movement” of the vehicle you are operating to meet the standard of driving under the DUI statute. If you are in a parked car that has not moved, you are technically not in violation of the statute. But even if law enforcement doesn’t witness you driving, the state can use circumstantial evidence to prove that you drove the vehicle.

Obviously, proof that you were driving alone is not enough for a conviction. The prosecutor must also show that you were under the influence of alcohol when you operated the vehicle. According to the California Model Jury Instructions, “under the influence” is:

A person is under the influence of an alcoholic beverage when as a result of drinking such alcoholic beverage, his or her physical or mental abilities are impaired to such a degree that he or she no longer has the ability to drive a vehicle with the caution characteristic of a sober person of ordinary prudence under the same conditions.

What are the Penalties for a Second DUI in California?

For a second-offense DUI conviction, you face a minimum of 96 hours in jail. The maximum sentence for a second conviction is up to one year in jail. In some cases, the court may agree to allow you to serve your sentence under house arrest. The conviction also carries a maximum penalty of up to $1,000 plus over double that amount in county court fees, as well as a two-year suspension of your driving privileges.

Common Defenses For a DUI

If you were arrested for your second DUI, you still have the opportunity to fight the charge against you. With the right California DUI lawyer, you may be able to leverage a strong defense into an acquittal. The experienced DUI defense attorneys at the Wilber Law Offices, P.C. rely on a number of defenses when advocating for their clients. Some of the most common defenses include:

Challenges to the Stop – Law enforcement can’t simply pull over every car that passes by. The police must have a reasonable suspicion that you violated a law or traffic code in over to stop your car. Without reasonable suspicion, your traffic stop was illegal and any evidence collected during the stop could be excluded from your trial.
Challenges to the Test – When the police test your blood or breathe for alcohol, they must follow certain protocol. If they fail to do so, the results of the test could be excluded from your trial.
Actual Innocence – Law enforcement make mistakes every day. It is possible that the police could have mistakenly identified you as the driver of the vehicle. It is also possible to avoid a conviction by showing the vehicle you were in was never driven.

What Are My Rights During an Arrest?

Understanding your rights is crucial if you are arrested for a second DUI offense. Law enforcement must follow strict legal procedures, and violating your rights can be a powerful defense in your case.

During a DUI arrest, you have the right to:

Remain silent: You are not required to answer incriminating questions. Anything you say can be used against you.
Refuse field sobriety tests: You are not legally obligated to perform field sobriety exercises on the side of the road.
Request an attorney: You have the right to consult with a lawyer before answering questions once you are in custody.
Be free from unlawful searches and seizures: The police need to have probable cause or your consent to search your vehicle.
Be treated fairly: You can be free from excessive force and misconduct during your arrest.

It is important to note that California’s implied consent law requires you to submit to a chemical test (breath or blood) after a lawful arrest for DUI. Refusing this test can result in automatic license suspension and enhanced penalties, even if you are not convicted of DUI.

Our Settlements & Verdicts

Case Dismissed Client Accused Of Possessing 2-pounds Of Marijuana For Sale
Case Dismissed Client Accused Of Possessing 7-pounds Of Methamphetamine With Intent To Sell
Case Dismissed Client Accused Of Possessing Marijuana
Not Guilty Client Charged With Assault Charges And Gang Enhancements
Case Dismissed Client Charged With Battery On A Correctional Officer And Resisting An Officer
Case Dismissed Client Charged With Domestic Violence
Case Dismissed Client Charged With Domestic Violence, Simple Battery, And Vandalism
Case Dismissed Client Charged With Domestic Violence, Simple Battery, And Vandalism
Case Dismissed Client Charged With Felony Cultivation Of Marijuana, Possession Of Marijuana For Sale, And Misdemeanor Narcotics Charges
Case Dismissed Client Charged With Felony Possession Of A Baton And Misdemeanor Possession Of A Concealed Handgun
Case Dismissed Client Charged With Possession
Case Dismissed Client Charged With Theft And Elder Fraud

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How Our 2nd Offense DUI Attorney Can Help You

Our team brings a deep understanding of DUI law and the local court system to your defense. Every DUI case has weaknesses — whether it’s the legality of the stop, the administration of field sobriety tests, the accuracy of breath or blood testing, or the violation of constitutional rights. We thoroughly investigate every aspect of your case to identify errors and build the strongest defense possible.

We handle every detail, including:

Challenging unlawful police stops and arrests
Questioning the validity of field sobriety and chemical tests
Negotiating with prosecutors for decreased charges or penalties
Representing you at DMV hearings to protect your driving privileges
Advocating for alternative sentencing options to minimize jail time

A second DUI charge does not have to define your future. We aim to mitigate the consequences you face and, when possible, fight for a case dismissal or acquittal.

Contact Our Firm Today

For Dedicated Legal Representation

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Hear From Our Happy Clients

At Wilber Law Offices, P.C., your satisfaction is our priority! See for yourself what our clients have to say about working with us.

“I’ve consulted Ryan over the last year on several legal matters, both personal and financial. His knowledge of the law is comprehensive and his counsel has been invaluable to me.”
I’ve consulted Ryan over the last year on several legal matters, both personal and financial. His knowledge of the law is comprehensive and his counsel has been invaluable to me. I’ve talked to a few other lawyers in the past that I felt good about and were knowledgeable, but where Ryan really stood apart from the others was in his ability to help me fully grasp my options and clarify the legal process so I could make hard decisions with confidence. I was getting pushed around and feeling a bit intimidated before he helped me fight back. I’m very thankful to have Ryan there when I need him!

Former Client
“If your looking for an experienced trial lawyer this is the team you want to hire.”
Ryan Wilber & Wilber Law Offices helped me a lot (and that’s an understatement!) He was able to negotiate a deal for me that saved my career and kept me out of serious trouble. They are the best in Santa Rosa / Sonoma County. If you need legal help I fully recommend them! If your looking for an experienced trial lawyer this is the team you want to hire. He acted as a shield in my time of need and is the legal protection you want to hire in the complicated legal process of the court system.

William H.
“I would definitely recommend Ryan Wilber to anyone in need of top notch legal representation.”
I have used Ryan Wilber several times. Ryan’s representation is both aggressive, and intelligent. His real word experience has proven invaluable to me, and has significantly lessened the consequences of my actions. I found Ryan’s rates to be as good or better then anywhere else around town. Ryan was available to me every time I needed to talk to him. I would definitely recommend Ryan Wilber to anyone in need of top notch legal representation.

TC
“Ryan is a consummate professional. I would recommend his services to anyone.”
Ryan is a consummate professional. I hired him to represent me on a high value fraud case. He was very attentive to my requests, always followed up with me in a timely manner, and ultimately won my case to the tune of over $400,000.

Chuckles G.
“I believe you were God sent because the times where I felt discouraged and felt like giving up your encouragement and support helped me to once again stand and be confident in the type of man I am and the heart that I have”
I believe you were God sent because the times where I felt discouraged and felt like giving up your encouragement and support helped me to once again stand and be confident in the type of man I am and the heart that I have… I feel a huge burden has been lifted and I finally have closure after all this time and I can finally move forward… your support has really helped me through one of the most traumatic ordeals of my life.

Former Client
“Thank You! I am beyond thankful and amazed by their work.”
Ryan absolutely did magic on my trial, and was able to change my life by dodging an underage DUI. This would have been huge for my life and record for 10 years ! Jake as well was always there when I needed him. Always had time, patient and helped me tremendously with the stress I was going through during the process of my DUI. Both were genuine and caring attorneys who are the best at what they do. Thank You ! I am beyond thankful and amazed by their work.

Sam
“Focused, Articulate and Thoughtful. Ryan is an asset to anyone needing legal assistance.”
Ryan is an asset to anyone needing legal assistance. Whether it is a simple question, a case where you need valuable perspective, or the beginning of a long and arduous process, Ryan has the knowledge and intellect that you want on your side. His thoughtful demeanor, his knowledge of the law and his desire to succeed are all traits that are surprisingly lacking with some other attorneys. I would not hesitate to use Ryan for any of my legal needs now and in the future.

Jeremiah
“One of the best experiences in my life. Professional, courteous and understanding through whole process.”
One of the best experiences in my life. Professional, courteous and understanding through whole process. Want to point out Ryan Wilber in particular, a special breed of cat. He is smart, intuitive and a brilliant lawyer!

Scott J.

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