2nd DUI California - What Happens Next

2nd DUI Lawyer In San Fernando, CA

A 2nd DUI conviction happens when you get a 2nd DUI within 10 years of a 1st DUI conviction or ‘wet reckless conviction. Over the years, California law has become much tougher towards 2nd DUIs. This is why a DUI is referred to as a “priorable offense.” Basically, if you have a prior DUI or “wet reckless,” the next one within 10 years will result in much harsher punishment than the previous case.

A 2nd DUI conviction happens in one of two ways:

entering a plea of guilty or no contest, and admitting your prior conviction; or
being found guilty in the trial, and the prosecutor shows you have a prior conviction.

After being found guilty in either a trial or by a plea for your 2nd DUI, the next phase is to find out whether you will get probation. In most cases, probation will be granted. A sentence without probation is much more steep and severe.

Are you facing DUI charges in California? Call DCD LAW today at (818) 740-5582 or contact us online to schedule a consultation with our DUI defense attorney in San Fernando.

Is a Second DUI a Felony in California?

Whether or not a second DUI is a felony in California depends on the individual’s circumstances. Generally, when someone has incurred two DUI convictions in ten years they are charged with a misdemeanor offense, however aggravating factors such as an injury to another person could result in felony charges.

For instance, if blood-alcohol content of the driver exceeds a certain level for his or her second conviction, or if there is an accident resulting from driving under the influence that caused great bodily harm, then he or she may be tried as a felon requiring jail time. Penalties also vary depending on prior history – each successive DUI has increasingly harsh punishment levied.

Therefore, it is essential that those facing multiple DUIs retain experienced legal representation to ensure their rights and interests are properly defended in court.

Now let’s review the differences when probation is not granted in 2nd DUIs in California.

Sentencing For 2nd Time DUI In California: Probation Granted

Sentencing for 2nd Time DUI in California: Probation Granted

A conviction for a 2nd DUI in California where probation is granted will generally result in these penalties:

10 days jail to 1 year; or 96 hours to 6 months jail

3 to 5 years of informal probation, commonly referred to as “summary probation”

This is not formal probation; you will not have a probation officer to check in with

18 months or 30-month alcohol program/ DUI school

This is mandatory; there is no way around this requirement

Around $2,000 in fines

The fine is $390, but the court adds penalty assessments which brings up the fine to around $2,000

Driver’s license suspension of 2 years

Some additional penalties for a first-time DUI in California where probation is granted can include:

Mothers Against Drunk Driving (“MADD”) Victim Impact Panel
Hospital and Morgue (“HAM”) Program
Community labor or community service

Sentencing For 2nd Time DUI In California: Probation Not Granted

A conviction for a 2nd DUI in California where probation is not granted will generally result in these penalties:

90 days to 1-year jail