What you can do to minimize 2nd DUI Penalties in California.
California has harsh 2nd DUI Penalties as away to deter people from getting a 2nd DUI. Jail-time, large fines, mandatory alcohol education and lengthy probation are consequences that can be imposed by a court as 2nd DUI penalties. The DMV has additional penalties: Lengthy driver’s license suspension and their own set of mandatory alcohol education classes.
Criminal court 2nd DUI Penalties in California:
To avoid jail time, look at alternatives to jail.
California law has mandatory jail-time for 2nd Offense DUI drivers. 96 hours of jail time is the minimum jail-time a person will get if convicted of a 2nd offense DUI. Often, more jail time is imposed with jail sentences of 30-45 days a common amount of jail actually imposed on the person convicted for a 2nd DUI. If the case involved an accident or injuries to other people, more jail time can result, up to the maximum for misdemeanor 2nd offense DUI: 6 months in jail. If an accident involving “great bodily injury” to others occurs, the case may be treated as a felony, with up to 4 years in state prison. Additionally, in “great bodily injury” cases, the crime may be treated as a “strike” offense, under the three strikes law.
There is a court license restriction of up to 1 year in 2nd DUI offenses. This is seperate and apart from the DMV consequences that a driver faces.
Mandatory Alcohol Classes
2nd DUI penalties in California also include mandatory attendance in MAAD impact panels, alcohol education classes that teach about the dangers of alcohol abuse and drunk driving. These classes can be 6 months to 18 months in length, depending on the nature of the charges, the blood alcohol level of the driver, and other factors the court looks at.
2nd DUI Penalties from the DMV are very harsh. A 1 year driver’s license suspension is imposed, with longer suspesnions possible depending on the particular case. A driver can apply for a restricted license after 90 days, but they have to show proof of enrollment in alcohol classes, the installation of an ignition interlock device (breathalyzer) and proof of insurance under an SR-22. It is important to know your rights for the DMV hearing process and to understand the various defenses possible in DMV hearings.
2nd DUI penalties in California are designed to deter drivers from getting a 2nd offense DUI within 10 years of their first offense. The punishments are harsh to scare people into compliance. For more information on 2nd DUI penalties and fighting DUI cases, contact a DUI lawyer at 213-400-0358.