2nd DUI Offense: California’s harsh treatment of 2nd DUI drivers.
A 2nd DUI Offense carries mandatory jail time (90 days minimum under CVC 23540), a one year minimum license suspension and mandatory completion in a 18 month alcohol education class. These are the penalties of a 2nd DUI offense if a driver is convicted of a 2nd DUI. If the driver can beat the case outright, or reduce the charges, these mandatory penalties can be avoided.
A 2nd DUI offense case is defended just like a 1st DUI case. Attacks on the probable cause of the arrest and detention, attacks on the field sobriety tests and police procedures used, and scientific defenses attacking the accuracy of the blood or breath tests are issues that a DUI defense lawyer can look at to see where the case can be fought.
2nd DUI Offense Penalties:
2nd DUI Offense Jail time:
California Vehicle Code 23540 is the code section dealing with 2nd DUI offense cases. The code section states jail is mandatory if a person is convicted of a 2nd DUI offense, with a minimum of 90 days county jail time, and a maximum of 1 year, per offense. California law is harsh to 2nd DUI offense drivers because of the dangers that repeat DUI offenders create for life threatening and serious injury accidents. There are ways to get around the 90 day jail term: Probation, Electronic Monitoring or fighting and beating the case. Click here to see ways to avoid 2nd DUI offense jail time.
2nd DUI Offense DMV License Suspension:
The DMV, under the “Administrative Per Se” protocols, will suspend a driver’s license for one year if the driver was involved in a 2nd DUI offense. The DMV APS process for 2nd DUI offenses is similar to the process for a 1st time DUI. The driver is given a pink “APS” temporary license, with lots of small writing on it, telling the driver they need to request a DMV hearing within 10 days of the arrest. If no hearing is requested, the DMV will automatically suspend the driver’s license within 30 days of the arrest.
If the driver requests an APS hearing, the driver is entitled to a “stay” pending the outcome of the hearing. This means the driver can keep driving until the hearing is finished: even if the hearing is set past the expiration of the first 30 days.
2nd DUI Offense Mandatory Alcohol Classes:
California prescribes a 18 month alcohol education class for drivers convicted of a 2nd DUI offense. This class is often held once per week, where the driver is given alcohol counseling on the dangers of addiction, substance abuse and the dangers of drinking and driving.
The California DMV has a list of approved education providers that are allowed to provide the 18 month alcohol education class to 2nd DUI offense drivers.
2nd DUI Offense useful links:
California 2nd DUI Class programs The California DMV has approved class providers that can help a driver complete the education courses needed to get their license back. For a 2nd DUI offense, an 18 month class is typically required.