What are the 2nd DUI Penalties in California?
California law has harsh penalties for 2nd DUI cases, involving mandatory jail time and a lengthy driver’s license suspension.
Court Penalties for 2nd DUI:
-Mandatory County Jail Time
-Mandatory Alcohol classes
-Driver’s License Restrictions (separate and apart from the DMV license restrictions)
County Jail: CVC 23540 states DUI Drivers shall: “…be punished by imprisonment in the county jail for not less than 90 days nor more than one year…” This means a person who is convicted of a 2nd DUI in California is facing real jail time. The reasoning behind the harsh 2nd DUI penalties in California is to deter repeat DUI offenders and to minimize the chances that they involved in a serious accident with other motorists.
How to avoid jail for a 2nd DUI in California:
The law in California has provisions for probation and other court supervision such as electronic monitoring and home confinement. For people facing a 2nd DUI charge in California, these alternatives can keep them out of jail.
The law in California allows for a person who is facing 2nd DUI jail time to be supervised by the court under “probation.” While on probation, the person cannot violate any laws and must obey all court orders, such as orders to attend alcohol education classes, orders to drive a car only if it has an ignition interlock device and similar orders by the court. When a person is placed on probation, the court will monitor the person and can impose lengthy jail terms if they violate the law or any of these court orders. In exchange for obey these court orders and rules, the person is allowed to avoid jail time as mandated by CVC 23540.
When someone is placed on 2nd DUI probation, they are required to serve a minimum of 96 hours of county jail, which is significantly lower than the minimum 90 days under CVC 23540.
DMV Penalties for 2nd DUI
2nd DUI Penalties in California Useful Links and Tools:
LCA Services, Electronic Monitoring in Los Angeles County. LCA is a vendor that provides electronic monitoring for 2nd DUI cases in California.