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3 FAQs about a second DUI offense

Feb 26, 2023 | DUI

While making a mistake due to alcohol-related poor judgment happens, making it twice comes with severe consequences.

Although DUI rates in California have dipped in recent years, the state continues its efforts to stop it from happening. If you received a DUI charge within 10 years of your first arrest, knowing what to expect may ease the situation.

1. What penalties come with a second conviction?

Every case has its unique nuances that will determine the specific charges you face. In general, punishment for a second DUI may result in up to a one-year jail sentence. Unlike a first DUI, you do not get the option of waiving jail time. Financially, you may have a potential $1,000 fine. Additionally, the courts may apply penalty assessments, which may make your fines go beyond $2,000.

2.  What other consequences might I face?

Along with jail time and fines, a second DUI comes with long-lasting effects. In many cases, you will have up to five years of summary probation. The charges remain on your criminal record for 10 years. California law does allow for the expungement of this charge if you meet certain criteria. You can also expect to spend time and money taking DUI classes, which may take anywhere from 18 to 30 months, and lose your license for two years. After one year, you can apply for a restricted interlock device, which you will have to pay for.

3. Can any factors increase my sentence?

The penalties may increase depending on the circumstance. Some factors that may affect the level of your second DUI include having a BAC higher than .15%, excessive speeding, traveling with a person under 14 and refusing a chemical test.

No DUI case comes with a guaranteed outcome, but you can expect your life to feel the impact of any conviction.