California DUI – Second Offense

SECOND DRIVING UNDER THE INFLUENCE OFFENSE IN CALIFORNIA

Elements of the Crime

 

Have you been charged with driving under the influence in California? DUI second offense penalties can be quite severe. Those individuals facing a second offense should know that the case becomes more complex and the possible consequences much more severe, especially if the second offense has occurred within a certain time period from the first. In California, DUI second offense is only given second offense punishments if it occurred within ten years of the first. Otherwise, it is treated as a first offense. Of course, in order to get a conviction for the second DUI, the state must prove the elements of VC §23152 (a) or (b) (but not both!) beyond a reasonable doubt.

 

Penalties

 

A second offense DUI in California carries a fine of anywhere from $390 to $1,000 and attendance at an 18-month state-licensed alcohol and drug program that is specifically designed for multiple offenders. Additionally, if the individual allowed a test for BAC (breath, urine, or blood), then their driver’s license will be suspended for a term of at least one year. However, if the offense has occurred within ten years of the first offense and the person in question did not willingly submit to a BAC test of the kind previously mentioned, then the DMV will be forced to revoke the offender’s driver’s license for a period of two years (VC 13353(a)(2)). If the accused petitions for a restricted license during that time, then it may be granted – with the caveats that an ignition interlock device be installed in the person’s vehicle in addition to the requirement of obtaining SR22 insurance.

 

With a California DUI, second offense probation is at the discretion of the judge. If the accused is granted probation, then he or she may be sentenced to a time period of 96 hours to one year in prison. However, if probation has not been granted, then an individual may spend anywhere from 90 days to one year in jail. The statutory minimum sentence for a second offense DUI is 10 days in the county jail.