The worst thing has happened, and you found yourself pulled over by the police for driving under the influence. You know you already have one previous conviction, so you’re worried about what penalties you might face for a second offense.
It’s understandable to feel anxious about what’s coming next, and you may feel like the arrest was unjustified. The best thing you can do is to make yourself aware of the possible penalties, so you know what you’re facing when you fight your case.
Criminal penalties for a second DUI
For a second offense within 10 years, the penalties the court may impose will increase in severity from a first offense.
Typically, penalties include:
- A period of probation from three to five years
- A mandatory minimum of 96 hours spent in the county jail, with a maximum of one year
- Fines between $390 and $1000
- A driver’s license suspension of two years
- Completion of a court-ordered California DUI School for a period of 18 or 30 months
- Installation of an ignition interlock device (IID) for one year
What else should you know?
As part of your probation conditions, you will not be permitted to drive with any alcohol in your system, and you cannot commit any other crimes. You may also be asked to attend a group such as Alcoholics Anonymous if this is appropriate to your situation and the judge considers that it would be appropriate and helpful.
A DUI arrest is often not as simple or clear-cut as the prosecution wants you to believe. There are often many mitigating factors or evidential issues that the court should be aware of. Making sure you have some legal help as early as possible gives you the best chance of fighting your case.