If you’re one of the thousands of individuals with a prior drunk driving conviction on your record, being arrested for a DUI once again can be a distressing experience. The penalties of a second offense DUI are much more serious than those that accompany a first offense DUI, including heightened jail time, a longer driver’s license suspension, higher fines and additional punishments.
California state law classifies anyone who has been convicted of driving under the influence within a ten-year period as a repeat DUI offender. Lawmakers and police officers show little empathy towards those individuals who are found guilty of multiple DUI charges within a ten-year period.
According to California Vehicle Code 23540, any person convicted of two DUIs within a ten-year period shall be punished by “imprisonment in the county jail for not less than 90 days nor more than one year, and by a fine of not less than $390 and no more than $1,000.” Though this is the technical punishment for a second offense DUI, two-time offenders can expect three to five years of probation, mandatory 18-month or 30-month court-approved DUI classes, and a two year driver’s license suspension in addition to the jail time and fines.
If certain requirements are met, the defendant may request a restricted license. The restricted license may be granted after one year of license suspension has been completed; and only if the defendant can provide proof of enrollment or completion of a treatment program, financial responsibility and the payment of specific fees.
If you’re granted a restricted license after one year, you’ll be required to install an Ignition Interlock Device in your car. This breath device is attached to the defendant’s car and must be blown into before the engine will start. The IID measures blood alcohol content and prevents the car from starting if alcohol is measured on the breath.
Jail time is mandatory for a second offense DUI. There is a required minimum of 96 hours, though many counties will insist on at least ten days of jail and others may require 30. One factor the DMV takes into consideration when deciding upon a penalty is whether the motorist refused to take a chemical test. Those arrested for a second offense DUI who agree to a chemical test face the above penalties, while those who refuse a chemical test face more severe consequences, including the refusal of a restricted license.
Enhanced penalties may be added to a second offense DUI if the defendant is still on probation for the prior DUI or driving on a suspended license, the chemical test was refused, the driver was speeding more than 30 miles over the posted speed limit, or if the driver’s alcohol levels exceed .15%.
Since much of a sentence depends on what a judge sees fit, a qualified criminal defense attorney can help convince the judge that you are worthy of another chance. If you’ve been arrested for a second offense DUI, remember you must contact the DMV within ten days; hire an experienced DUI lawyer to help you strategize a defense.