What are the Penalties for a Second DUI in California?

Answers from a DUI Lawyer in Santa Barbara

According to California law, your second DUI offense is punishable by three to five years of summary probation, up to 30 months of DUI school, fines and penalties assessments from $390 to $2,000, and no less than 96 hours in jail. Additional penalties include license suspension and ignition interlock devices. At most, a second misdemeanor DUI in California is punishable by one year of incarceration. Generally speaking, the sentencing for a second DUI depends on the circumstances surrounding your case. For example, the court could impose a two-year driver’s license suspension. If your previous DUI was a felony offense, your second DUI may be subject to more severe consequences.

Will I lose my driver’s license after a second-time DUI conviction?

You may lose your driving privilege to a driver’s license suspension after your second DUI conviction.

In fact, you could face a suspension ten days following your arrest; before your case enters the courtroom. There are two ways to lose your driver’s license for a second drunk driving offense: through a DUI conviction and at a DMV hearing.

After a DUI arrest, the DMV will automatically suspend your license if you fail to schedule a driver’s license hearing with the DMV. At the hearing, you can fight to retain your driving privilege. If you fail to schedule a DMV hearing, you will automatically lose your license. Our Santa Barbara DUI attorneys can help you stand up for your rights during a DMV privilege to avoid an unfair driver’s license suspension.

Contact Us for Help

For legal assistance from an attorney, call us at (805) 742-8869 or fill out the form below.

Get Experienced Attorneys

ON YOUR SIDE

Contact Our Team

“Aggravating Factors”

The term “aggravating factors” refers to any element of your DUI arrest that causes the prosecution to seek a stricter jail or prison sentence. For example, your second DUI in California may involve more serious penalties if law enforcement arrests you for:

  • Driving with a BAC that is nearly twice the legal limit (.15%)
  • Refusing to submit to chemical testing
  • Driving under the influence as a minor
  • Driving excessively fast while under the influence of drugs or alcohol
  • DUI with a minor passenger
  • Causing an accident or injury to a third party

If you were arrested for a second DUI offense in California, contact us to see what the Santa Barbara criminal defense lawyers from Lessem, Newstat & Tooson, LLP can do for you.