A second DUI offense in California is considered a misdemeanor and carries up to one year in jail, 96 hours of alcohol education class, and 18 months of probation. It also usually includes installing an ignition interlock device in your vehicle.
A good DUI lawyer may be able to reduce your jail time and fines through charge reduction or a plea bargain.
License Suspension
Several administrative consequences may accompany a second DUI arrest, regardless of whether the person is ultimately convicted in court. For example, the Department of Motor Vehicles will likely suspend a driver’s license for one year after learning of a second DUI. If a driver is on probation for an alcohol-related driving offense, they will likely have their probation revoked and face more severe consequences.
A DUI offender can get a restricted license after ninety days of suspension, which only applies to those who didn’t refuse a blood alcohol test, violating the implied consent law. Those who refuse the test will have their license suspended for two years and can’t apply for a restricted license.
DUI defense attorneys can dispute the DMV’s license suspension. Drivers who lose their hearing must install ignition interlock devices and complete an 18-month DUI program.
Jail Time
A second DUI conviction in California is considered a misdemeanor and has penalties that include jail time, fines, and probation. Jail time on a second DUI conviction is usually between 96 hours and one year. A person may also have to go to a school for multiple offenders to learn about drinking.
California fines for a second DUI vary from $390 to $1,000, with fees and “penalty assessments” that may pile up. A second DUI conviction may result in community service, home arrest, and mandated Mothers Against Drunk Driving or other rehabilitation programs.
Other long-term consequences can include lost job opportunities, lowered income due to reduced ability to work, and increased insurance rates.
Expungement
A DUI conviction can have significant long-term repercussions. It can affect your reputation, and you may find it much harder to get a job when you have a DUI on your record. Additionally, the judge might require you to install an ignition interlock device on any vehicle you own or drive.
Fortunately, you can have a second DUI charge expunged from your record by petitioning the court. The process varies by state, but it generally involves paying any fines or fees and fulfilling all the terms of your probation.
An experienced California DUI lawyer may be able to fight the charges for you and help you have the case dismissed. A successful defense can help you avoid jail time, fines, and license suspension. It can also allow you to legally answer “no” when private employers ask if you have any criminal convictions. Contact Rebecca Feigelson Law for more information about fighting your DUI charges.
Fines
Generally, second DUI convictions result in harsher penalties than first offenses. Depending on the state, these could include mandatory jail time (up to one year), increased fines, and more extensive probation. In addition, people guilty of DUI may have to go to lessons and have their license taken away for a long time.
In many cases, a convicted DUI offender must install an ignition interlock device in their vehicle as part of their sentence. Moreover, a DUI conviction appears on public record and can affect job applications, especially for positions that require background checks.
You can get a further penalties if you damage someone, reject a breath test, drive intoxicated with a kid, or do anything else that makes the offense worse. If you are facing a DUI charge for the second time, it is vital to get legal help immediately. An experienced lawyer can help you understand the penalties likely to apply to your case.