2nd DUI Consequences: California Jail Time and DMV License Suspension.
2nd DUI Consequences in the state of California are harsh: Mandatory jail time and a lengthy license suspension. Additionally, a 2nd DUI will result in required alcohol class participation, possible requirement for an ignition interlock device, and lengthy court-ordered probation.
2nd DUI Jail Time: California’s required jail time for 2nd DUI offenses.
To deter and prevent repeat DUI cases, the California legislature enacted Vehicle Code 23540, which requires jail time for 2nd DUI offenders. CVC 23540 states:
“If a person is convicted of a violation of Section 23152
and the offense occurred within 10 years of a separate violation of Section 23103, as specified in Section 23103.5, 23152, or 23153, that resulted in a conviction, that person shall be punished by imprisonment in the county jail for not less than 90 days nor more than one year.”
Under this section, a person who is convicted of a 2nd DUI offense within 10 years of a first DUI offense is looking at a minimum of 90 days in county jail, and a maximum of 1 year.
Often in DUI prosecutions, the prosecutors will charge 2 counts: violations of CVC 23152(a) and CVC 23152(b), which means the defendant, if convicted of both, is looking at 90 days to 1 year for EACH COUNT, with a maximum possible exposure of 2 years in county jail.
Probation: reducing jail time by agreeing to court supervision.
Under CVC 23542, a judge imposing a sentence for 2nd DUI can lower the jail-term to no less than 96 hours, if the defendant qualifies for and accepts probation.
Not every defendant will qualify for probation: the judge has to ensure that the defendant will comply with probation and that the public at large is not endangered if the defendant is placed on probation.
Factors that are used to determine whether someone qualifies for probation:
-Seriousness of the 2nd DUI offense
-Blood Alcohol level
-Was there an accident?
-Did the driver cooperate with law enforcement
-Driver’s remorse and accepting responsibility
-Ability of court to supervise while on probation
An experienced DUI attorney can show you how to make the best possible argument for qualifying for probation.
California DMV License Suspension: 2nd DUI Consequences to a driver’s license.
The California DMV has harsh 2nd DUI consequences:
1 year license suspension for 2nd DUI offenses and 2 year for 2nd DUI cases where the driver refuses to provide a chemical blood or breath sample to law enforcement.