Second Offense DUIs in California

Second offense DUIs are treated more severely than first offenses under California law. On top of the penalties, fines and fees already paid for the first offense, the second offense has even harsher penalties. As with first time offenders, a second DUI charge can be cheaper to fight in court rather than accepting the penalties. Make sure you retain a CDLA or NCDD DUI specialist. An attorney specially trained in DUI law will be much more effective in court.

Second DUI DMV Penalties

California Vehicle Code 13351.85.
…the department shall suspend that person’s driving privilege for … one year, if the conviction was a second or subsequent conviction of a violation of that section that occurred within seven years of the current conviction.

While a first DUI conviction has a shorter license suspension, second DUIs license suspensions generally start at one year. As with the first offense, the license remains suspended until the driver has completed a second, longer DUI education program. The cost of these programs increases with the duration of the sentence. Don’t be surprised if the cost of DUI education is thousands of dollars.

Second DUI Court Penalties

California Vehicle Code 23540.(a)
If… the offense occurred within 10 years of a separate violation of Section 23103… that person shall be punished by imprisonment in the county jail for not less than 90 days nor more than one year and by a fine of not less than three hundred ninety dollars ($390) nor more than one thousand dollars ($1,000). The person’s privilege to operate a motor vehicle shall be suspended by the department pursuant to paragraph (3) of subdivision (a) of Section 13352…

California Vehicle Code 13352.(a)(3)
…the privilege shall be suspended for two years. The privilege shall not be reinstated until the person gives proof of financial responsibility and gives proof satisfactory to the department of
successful completion of a driving-under-the-influence program…

The excerpts above highlight the severity of a second DUI conviction. The first conviction allows the offender to schedule jail time around his or her work schedule. The second DUI would likely cost the offender his or her job. On top the the financial burden of a year unemployed, there is another thousand dollar fine and other additional fees. Finding work will be difficult without a license. To reinstate his or her license, the offender has to again pay for expensive DUI education and counseling. A first DUI is often an inconvenience. A second DUI can change the course of your life. With so much on the line you need a recognized DUI lawyer by your side.

Call my office at 1-800-420-5667. We can fight this together!

Sources:
DUI definitions: California Vehicle Code 23152
First DUI Penalties: California Vehicle Code 23536 – 23538
DMV DUI Penalties: California Vehicle Code 13352
DUI Classes and Counseling