What are the 2nd DUI DMV Consequences in California?
A 2nd DUI has DMV Consequences including a minimum 1 year driver’s license suspension, alcohol class requirements, the installation of an ignition interlock device, and increased insurance through the requirement for an SR-22 policy.
Driver’s License Suspension for 2nd DUI: Minimum of 1 year and possibly more:
1 year driver’s license suspension: 2nd DUI DMV Consequence in California.
If a driver has a prior DUI within 10 years, the DMV will suspend a driver’s license for a minimum of 1 year for a subsequent DUI case through their “Administrative Per Se” process. (known as the APS process.) The APS suspension is automatic, unless the driver requests an APS hearing within 10 days of the arrest.
The DMV will run an APS hearing, where the following have to be established by the evidence:
1. There was a lawful detention and arrest by law enforcement officers
2. The driver was actually driving on California roadways
3. The driver’s blood alcohol level was at or above 0.08% at the time of driving, based on chemical testing done in the case.
If the driver loses the APS hearing, a 1 year driver’s license suspension will be imposed on the driver.
2nd DUI Refusal Case: Harsh DMV consequences for a chemical test refusal.
The DMV is very harsh when it comes to chemical test refusal cases. For a 2nd DUI offender, a refusal case will involve a 2 year driver’s license suspension. A refusal case occurs when the driver is lawfully arrested for DUI, but refuses to submit a blood or breath test.
At the APS hearing for a refusal case, the DMV has to establish the following:
1. There was a lawful detention and arrest of the driver
2. The driver was properly admonished about the consequences of refusing
3. The driver refused to submit a chemical blood or breath sample
DMV refusal cases can involve drug or alcohol related DUI. The most important, and often litigated part of a refusal case, is the admonishment given to the driver.