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What are the Consequences of a Second Time DUI

breathalyzerA second DUI offense (VC § 23152) after another DUI (whether misdemeanor DUI, felony DUI, or plea of wet reckless VC § 23105.5) within 10 years will result in an harsher sentence. Check First Offense DUI for basic information.

 

 

 

DUI Second Offense: Conditions of Probation

 VC § 23542 sets the punishment when the judge grants probation for VC § 23540 for a second offense within 10 years. In addition to probation terms under VC § 23600 (see DUI First Offense), the court shall order either of the following:

(a) 10 day minimum – one year maximum jail; pay fine of ≥ $390

or

(b) 96 hours minimum – one year maximum jail. The 96 hours shall be served in two 48-continuous-hour increments, and the two may be served not back to back. Also pay fine of ≥ $390.

So yes, even with probation granted for a second offense DUI, the court can order jail sentence.

Also,

  • Surrender driver’s license to be suspended under VC § 13352(a)(3) – suspension will be 2 years (see DMV APS)
  • DUI school for either: ≥ 18 months or ≥ 30 months (See SB-38 program for information)
  • court may deny restricted license upon finding of safety risk to the public

DUI Second Offense: Penalty (Probation Denied)

VC § 23540 sets the penalty for a second offense DUI within 10 years. This is the punishment if probation is denied.

In sum:

  • ≥ 90 days to 1 year jail sentence
  • pay fine of ≥ $390
  • Surrender driver’s license to be suspended under VC § 13352(a)(3) – suspension will be 2 years (see DMV APS)
  • court may deny restricted license upon finding of safety risk to the public

Again, this post does not cover DUI with injury or any other enhancements. Also, keep in mind that the above are the statutory minimum.

About Charlotte Lin

Charlotte is a trusted lawyer by day, and legal ninja by night. In her spare time she enjoys slashing tickets with nunchucks.