will my license be taken away on my second dui?

In CA a second DUI conviction carries with it a two year suspension ( no legal driving for the first 12 months and a restricted license ONLY after completion of 12 months of the 18 month class) The good news is that low BAC cases like yours are ( obviously) the better defense cases. You should consult with a Good DUI attorney immediately. Also, you need to call the DMV within 10 days of your arrest and request a hearing to save you license, otherwise it will be automatically suspended.
Best regards
Michael Phillips
Nevada City

Whether or not you will loose your license depends on many factors. A 0.09% BAC is not that high. Depending on how long the chemical test was administered after the observed driving you may be able to demonstrate to the court and DMV that at the time of driving you were below a 0.08%. If so, the DMV may not suspend your license and you may be able to resolve the matter in court for a reduced charge.

Whether or not you have a valid defense really depends on the specific facts of your case. Was the device used to test your BAC properly maintained and calibrated? Did the officer properly administer the Field Sobriety Tests? Was there probable cause to conduct a traffic stop? These are among the many issues an experienced criminal attorney will look into.

If you are convicted the license suspension for a second DUI is two years and after a year you would be eligible for a restricted license.

Brian Andritch
www.jeffhammerschmidt.com
559-233-5333

Win DMV APS hearing & avoid DUI (VC 23152) conviction = no license taken away.

Either of the above, lose license for 1 to 2 years.