Convicted of a DUI in California for the second time will face harsher penalties than you did for the first offense. While the exact penalties will vary depending on your specific circumstances, you can expect to face some or all of the possible consequences. In this article, we will take a closer look at what you can expect if you are convicted of a DUI in California for the second time. Read on to learn more.
What is a Second DUI in California?
A second DUI in California is defined as a person who has been convicted of driving under the influence of drugs or alcohol within ten years of their first offense. Certain other crimes such as wet reckless convictions also count towards this rule. However, it is important to note that DUI arrests that do not result in convictions, do not count as your first time. Like a first-time DUI, you may have heard that there are two different processes for handling subsequent offenses. The criminal justice system and California DMV each with their own set of penalties if found guilty.
What are the Penalties for a Second DUI in California?
Even one DUI can ruin your life. But what are the penalties for a second DUI in California? If you're caught driving under the influence a second time, you could face some serious consequences. Here are the possible penalties if you are caught for a second time DUI in California:
You will be placed on misdemeanor probation for a period of three to five years. The court may order you to participate in a DUI program and pay associated fees. You will be monitored by a probation officer during this time. The conditions of your probation will be designed specifically for you.
The base fine for a second DUI offense is $390, but with added penalties and assessments, the total cost of a second DUI can be over $2000. The cost of a second DUI can be much more expensive than the first one.
Attending DUI classes.
You will be required to attend and complete a DUI program. The length of the program will be determined by the court, but it will typically last between eighteen to thirty months. The cost of the classes is also quite high, and you will be required to pay for them yourself.
An ignition interlock device (IID) installation.
You may have to install an IID as part of your DUI sentence even if it's not required by law. The IID is a machine about the size of a cell phone that's installed on your car. It requires you to blow into it before starting your engine or at a random time while driving, if it detects alcohol, your car won't start, or the engine will stop. You'll have to get the IID removed by a licensed provider once your license is reinstated. These are expensive and the court will require you to have this device for at least one year.
The punishment for a second DUI offense in California can include a mandatory minimum jail sentence of 96 hours. Unlike a first-time DUI, you usually can't waive this and instead of six months in jail, the maximum sentence is one year.
DUI will remain on your record.
Your DUI will remain on your record for ten years. During that time, if you have another arrest related to drinking and driving it'll be considered a third offense which could lead to felony charges.
What you should know about getting a second DUI is that there are many other consequences besides just administrative and criminal penalties. Some of them result from your conviction, such as being fired or denied employment opportunities because it's considered an ignorable offense by employers, rejection by colleges/universities, rejection from military service personnel assignment agencies, or even loans through various financial institutions can be rejected, and multiple points put on your Negligent Operator Treatment System from the DMV, which will considerably increase insurance premiums.
If you are convicted of a second DUI in California, the penalties can be quite severe. You may face a jail sentence, fines, and probation. Your DUI will also remain on your criminal record for life. That's why it's important to call an experienced DUI lawyer as soon as possible if you have been arrested for drunk driving. The sooner we can start fighting for your case, the better chance you have of minimizing the consequences. Call us today to learn more about how we can help you protect your future.
Do You Need a DUI Lawyer You Can Trust?
With Lynn Gorelick, you don't have to face criminal charges alone. You will receive personal attention to your case. Ms. Gorelick will be the one to appear in court with you from beginning to end. Ms. Gorelick, herself, will be doing your DMV hearings. You will not be handed off to another attorney or associate. You deserve this kind of attention to your needs at this stressful time. Ms. Gorelick has represented people charged with DUI for over 38 years. She has NEVER been a prosecutor who pursues convictions. She has only DEFENDED people accused of crimes. Contact us today for your consultation!
The materials available on this website are for informational and entertainment purposes only and not to provide legal advice. You should contact your attorney to obtain advice for any particular issue or problem. You should not act or refrain from acting based on any content included on this site without seeking legal or other professional advice. The information presented on this website may not reflect the most current legal developments. No action should be taken in reliance on the information contained on this website and we disclaim all liability for actions taken or not taken based on any or all of the contents of this site to the fullest extent permitted by law.
Previous Article - What are the California DUI Penalties for a First Offense?
Next Article - What are the California DUI Penalties for a Third Offense?