The consequences of a 2nd DUI: Jail time and Driver’s License Suspension.
A 2nd DUI in California is serious: Mandatory jail time and a long license suspension are consequences of a 2nd DUI. In addition to jail time, court supervised probation, mandatory attendance of education classes, mandatory installation of an ignition interlock device (breathalyzer) on your car, fines, MAAD victim impact panel classes and community service performed at a county morgue are all consequences of a 2nd DUI.
Court and DMV issues for 2nd DUI cases in California: A DUI Attorney explains the process.
In any DUI case, there are DMV and Criminal Court steps that occur. On top of DMV and court consequences, certain professions (such as real estate agent, stock broker, railroad engineer, teacher, nurse and more) can have professional consequences as a result of a 2nd DUI.
DMV: How to handle a 2nd DUI.
The DMV has established the APS process for handling DUI cases. Since 1990, the California DMV has been given broad power to suspend the licenses of drivers who have been arrested for DUI. This power is separate and apart from the criminal courts. In fact, the DMV has more power than the criminal courts do in suspending someone’s license. Why? Because the law in California was changed to make it easier for the DMV to suspend the driving privileges of people arrested for DUI.
Criminal Court: What happens in a 2nd DUI case.
The criminal court case is an important part of any DUI case, because the driver has certain rights in the criminal courts that they do not have elsewhere. These rights include:
The right to a jury trial
The right to subpoena witnesses free of charge
The right to an attorney
The right to cross examine witnesses
California Civil Procedure Code and Evidence Code that limits irrelevant or otherwise legally inadmissible evidence
Professional License: How to save your job from a 2nd DUI conviction.
Depending on your profession, your license to carry out that profession may be in jeopardy. Professional licenses are issued by state agencies (Local, State or Federal) and often have reporting requirements where the license holder must disclose a DUI arrest or conviction to their particular licensing authority. It is important to understand the reporting requirements that limit your license, and what to do about them.
Jail time in a 2nd DUI: California Vehicle Code 23540
A 2nd DUI involves mandatory jail time and a longer license suspension than a 1st DUI. California law is harsh on 2nd DUI drivers, with a mandatory 90 day jail sentence being imposed on 2nd DUI drivers unless the driver qualifies for probation. If the driver is granted probation by the court in their case, the minimum jail sentence a 2nd DUI driver will face is 96 hours.
The Driver’s License suspension is longer for a 2nd DUI: a 1 year license suspension is imposed on someone if the DMV takes action for a 2nd DUI.
Ways to avoid the mandatory jail time in a 2nd DUI case:
There are three commonly used strategies to avoid 2nd dui jail time:
-Beating the case if the prosecution’s case is weak
Probation for 2nd DUI cases:
For someone facing the 90 Day minimum jail sentence, probation offers an alternative that can drastically lower the amount of jail time the person will have to face. CVC 23540 has a 90 day jail term as the minimum that a person convicted of a 2nd DUI will face. This 90 day sentence can be reduced to 96 hours (4 days) if the judge in the case grants probation to the defendant. Probation. Probation is a way for the court to monitor the progress of the defendant and ensure they comply with all laws and court orders. During probation, the driver cannot get in trouble with the law or they face the original jail sentence.
Not all cases qualify for probation: the judge will look at the following before granting probation in a 2nd DUI case:
-The prior record of the driver
-The nature of the 2nd DUI (how high was the driver’s BAC, was there an accident, was the driver cooperative with law enforcement at the scene of the arrest.)
-Did the driver refuse to submit to chemical tests at the scene or at the police station
2nd DUI Alcohol Class: Multiple Offender Class known as “SB-38”
For 2nd DUI cases, if the driver is convicted of DUI (or wet reckless in certain cases) the driver will have to enroll in a prolonged alcohol class, known as an “SB-38” class. SB-38 is named after a California state Senate Bill, which spelled out the requirements for 2nd DUI alcohol education. It is designed to educate the driver about the dangers of DUI and alcohol abuse, to deter future drunk driving and recidivism and ultimately to reduce accidents caused by DUI drivers. SB-38 classes must be taken at approved schools that are recognized by the California DMV.
Unlike the AB-541 class for 1st DUI drivers, the 2nd DUI class is 18 months long.
If the court determines that probation is appropriate, the driver in a 2nd DUI case is typically placed on 5 year summary probation.