Every year, over 1.5 million people get driving under the influence charges in the U.S. Sadly, many first-time offenders end up re-offending and are charged with a second offense DUI. If you’ve been detained or convicted for a second offense DUI, you should know that the penalties are usually much harsher than for your first DUI crime. Most penalties, including jail time and license suspensions, can last longer and be more severe for repeat DUI offense convictions, and the courts tend to be stricter with those who have multiple offenses.
If you have been accused of committing a second offense DUI in San Diego, you should contact a DUI defense attorney as early as possible to work on your defense. At the San Diego DUI Attorney, we have experience challenging DUI charges. We can closely examine every detail of your case to ensure your rights and driving privileges are protected.
What Counts as a Second Offense DUI?
If you or a loved one has any DUI convictions on your record within the last 10 years, it counts as a “prior” DUI for any future arrests or convictions related to driving under the influence. Other offenses, like wet reckless convictions, also count as a prior DUI.
However, DUI arrests that don’t lead to convictions do not count as a first-time DUI.
Like the first DUI, any subsequent DUI offense will go through two different legal procedures:
- The criminal justice system
- The California Department of Motor Vehicles
Before you can be convicted of a 2nd DUI, the prosecutor needs to show that:
- You had been operating a vehicle while impaired by alcohol or drugs. In California, you’re considered to be driving while impaired if your blood alcohol content is above the permitted limit and your ability to drive safely is compromised
- You hold a prior conviction for drunk driving. A 2nd DUI conviction happens when you’ve already been sentenced for driving while impaired or a wet reckless offense
Penalties For a Second DUI Offense
If you are convicted of a second DUI in California, here are the penalties you might face:
- You could end up in jail for anywhere from 96 hours to a year
- You’ll also likely be sentenced to misdemeanor probation for 3 to 5 years
- Expect to pay fines and penalties that can go up to a maximum $1,000
- You’ll need to complete an authorized DUI school, which lasts between 18 and 30 months
- Your driver’s license will be suspended for two years, but after the first year, you might get a restricted license that lets you drive to certain places like work and school
When you receive probation after a DUI conviction in California, it often means you can avoid jail time. This probation lasts three to five years, and the judge will set some rules you need to follow. These include:
- No driving with any measurable alcohol in your system
- If you get arrested during this time, you must take a chemical DUI test
- Staying away from any criminal activities while on probation
- If you got into an accident while drunk driving, you may need to pay restitution to the injured party
- You’ll also have to install the Ignition Interlock Device on any automobile you drive or own if the judge requires it as part of your probation
Besides the administrative and criminal punishments for a 2nd DUI, you’ll face other consequences of a conviction, such as:
- Losing your profession or having lower chances of finding a new job—DUI charges are publicly available records within California. Many employers conduct background checks before hiring, and they might see your DUI record, which could lead them to reject you for the job
- Difficulty getting into college or university—A second DUI conviction on your record can hurt your likelihood of being admitted into a suitable university or college
- Higher vehicle insurance rates—After the conviction, the DMV will inform your automobile insurance company of your DUI, and they could raise your premiums
- Being denied military service—If you’ve been charged with a 2nd DUI conviction, your application to join the military might be rejected
Aggravating Factors For a Second Offense DUI
Certain circumstances can make your second DUI offense in California more serious. Aggravating factors might include the following:
- Having a BAC of 0.15 percent or higher—The legal limit for driving in California is 0.08%. If you are arrested for a second DUI with a BAC of 0.15% or more, you’ll face harsher penalties
- Not taking chemical tests—In California, having a driver’s license means you automatically agree to chemical DUI tests if officers suspect you of impaired driving. While an officer can’t pressure you to undertake the DUI test, refusing to do so can make your situation worse and lead to increased penalties
- Speeding—If you operate a vehicle while impaired and are speeding, you’ll likely face more severe penalties for your second DUI charge
- Causing an accident— If you are involved in an accident while driving while impaired and are placed under arrest for a 2nd DUI, the charges will be more serious
- Having a child in the automobile—Driving under the influence with a minor under 14 in the vehicle is an offense. This offense can lead to additional charges for child endangerment alongside the DUI charges
The prosecution might push for harsher penalties if these factors apply to your case. These penalties could mean:
- Longer jail time
- Larger fines
- Mandatory substance abuse treatment
- Community service
If the charge turns into a felony, you might end up serving time in prison instead of just county jail.
Driver’s License Suspension for a Second Offense DUI
One of the worst outcomes of a 2nd DUI in California is losing your driver’s license. There are 2main types of license suspensions:
Court License Suspension
If you already have one DUI charge on your record, the court will automatically suspend your driver’s license for two years. Once you’re convicted, the judge will inform the DMV, suspending your license. After one year, you might be able to drive again using a restricted driver’s license. If the case ends with a hung jury or you’re found innocent of the 2nd DUI, you could avoid this court-triggered suspension.
DMV License Suspension
Once you are charged with your second DUI, the DMV could try to take away your driving rights due to an administrative Per Se violation. Following your arrest, you have 10 days to schedule your DMV hearing to pause the license suspension. The DMV will automatically suspend your driver’s license if you don’t request this hearing.
Your driver’s license will likely be seized if your BAC is 0.08 percent or higher or if you refuse to take the chemical DUI tests. The DMV proceeding is separate from the criminal court. Winning your DMV case won’t prevent you from being convicted of drunk driving.
You have certain rights throughout the DMV hearing, including:
- You can have a DUI defense attorney represent you during the proceeding
- You can challenge witnesses and bring in your witnesses
- You can ask the officer who arrested you to be there and respond to your questions
- If you ask for the DMV hearing on time, they can’t suspend your license until the hearing is over
- You can share evidence to support your case against the license suspension
When you win the DMV proceeding, your license stays valid, and you might keep driving while waiting for the result of the DUI criminal matter. But if you lose your hearing, your driver’s license will be suspended automatically. If you forfeit your license because you didn’t request the hearing or missed it, you might be able to get it back later if you:
- Submit an SR-22 insurance form
- Enroll in a DUI school
- Pay a license reinstatement fee of $125
- Install an IID
If the DUI charges get reduced in criminal court, it won’t change your suspension for the per se violation.
Restricted License For the Second DUI
If your driver’s license gets suspended for committing a 2nd DUI, you could still drive by using a restricted driver’s license. There are 2 kinds of these licenses:
Ignition Interlock Device Restricted License
The IID is like a Breathalyzer that prevents your car from starting when you’re intoxicated. You can install the IID inside every vehicle you own to keep driving with a suspended license. Before getting an IID, you should submit an SR-22 form and finish DUI School. This restricted license is valid for one year in California.
Restricted Driver’s License
A California restricted driver’s license lets you drive to and from work, school, and other programs required by the court. You can apply for this limited license 90 days after your license suspension ends. If you refuse to complete the chemical DUI test during your DUI arrest, you’ll face a two-year license revocation, and you won’t be able to get a restricted license in that case.
Expunging a Second Offense DUI
Getting a 2nd DUI expunged in California is possible. You can apply to have the charge removed from your record, as long as you meet the state’s expungement requirements.
You must finish your probation and complete all its conditions to be eligible. Once your probation ends, you can ask the court to erase your criminal record. A judge will then review your petition to see if you qualify.
If the court approves your petition, you can change your no contest or guilty plea to not guilty, and the court will dismiss your case. If you were found guilty by the jury without pleading guilty, the judge can set aside that verdict and dismiss your case.
Felony allegations that led to state prison time can’t be expunged. However, a skilled California DUI lawyer might help reduce the conviction to a misdemeanor, making it possible to apply for expungement.
Possible Legal Defenses for a Second DUI Offense
Many individuals think they can’t fight a DUI charge, but that’s not always true. A skilled DUI lawyer can look at your case and see if there are ways to get the charges dropped or dismissed. Some cases might be better off with a plea deal, while others can be challenged effectively.
Here are three primary defenses for a second DUI offense in California:
You Do Not Have Any Prior DUI Convictions
If the prosecutors mistakenly believe you have a previous DUI, your charge can be lowered to your first DUI. Evidence like court recordings and police statements can help clarify this.
You Weren’t Impaired
There are several ways to prove you weren’t intoxicated or didn’t have a high enough BAC to be illegal. For instance:
- The breathalyzer might have malfunctioned
- Your blood samples could have been contaminated
- An illness might have led to a false reading
If your DUI attorney can show that you weren’t impaired, the DUI charges should be lowered. However, you might still get a ticket for the traffic infraction that caused the stop.
Improper Police Procedures
If the police didn’t have a good reason to stop you, didn’t give you the correct instructions for the sobriety tests, or didn’t calibrate the breathalyzer properly, these missteps can weaken the prosecution’s case. If there’s evidence of police misconduct, it will be hard for them to prove you’re guilty beyond a shadow of a doubt. They might then choose to drop the charges or lower them.
Figuring out the best defense for your case needs professional legal help. A DUI defense lawyer can thoroughly investigate your situation to find essential details to help reduce or eliminate your charges and present those findings to the prosecutor. If the case goes to court, your lawyer can represent you based on their findings and advocate for your acquittal.
DUI Plea Bargaining
If you’re facing a 2nd impaired driving charge in California, you can consider a plea deal as part of your defense strategy. This option lets you avoid a trial and the risk of getting convicted.
Deciding whether to pursue a plea bargain for your DUI should come after you carefully review your situation. Talking to a skilled DUI attorney before making any decisions is crucial. Here are some things your attorney might think about when looking for a plea deal for the 2nd DUI charges:
- How strong the prosecutor’s case is. Your attorney can ensure that the plea deal works in your favor. If the prosecution has a solid case and a conviction seems likely, your attorney might suggest that you go for the plea deal
- How serious your prior convictions were. With a 2nd DUI charge, the penalties can get tougher. California laws are strict on repeat offenders, so taking a plea deal could help you steer clear of the severe consequences that come with a DUI conviction
- If you can take risks. Your defense lawyer will also consider how comfortable you are with taking risks. If you feel confident that you have a strong case and can defend yourself well, then a plea deal might not be your best choice.
If you take a plea bargain, you’ll have to say you’re guilty of lesser charges like wet reckless, dry reckless, or exhibition of speed. Based on the deal you pick, you could have some benefits, including:
- You won’t have to face a mandatory driver’s license suspension—Following a second DUI, you usually have to deal with a license suspension, but most plea bargains don’t require that
- You can save on jail time and fines—A 2nd DUI usually means longer jail sentences and bigger fines, but a plea bargain can help you cut down on both
- Your car premiums won’t be increased—If you get a DUI, the Department of Motor Vehicles will inform your insurance company, which can lead to higher premiums. However, if you’re convicted of a lesser crime such as dry reckless, the effect on your premiums will be less severe
- You’ll also face less social stigma—A DUI conviction can lead to negative perceptions from others, but if you go for a plea bargain and end up with a lesser charge, you’ll likely avoid the stigma
Here are some common plea bargains you might consider for your 2nd DUI charge:
- Dry Reckless—It is a reckless driving charge without alcohol involvement. A major advantage of taking a dry reckless plea is that it isn’t a prior DUI on your record
- Wet Reckless—A wet reckless is the first reduction option the prosecutor usually considers. It involves a reckless driving conviction that acknowledges alcohol was involved. The good news is that penalties for wet reckless are typically less severe than those for a DUI
- Traffic Infractions—Sometimes, pleading guilty to a traffic violation is the last option you might consider for a 2nd DUI. Traffic violations are generally not criminal acts, resulting in lower fines. Prosecutors often accept this bargain when they feel the accusations against you are unlikely to hold up
- Exhibition of Speed—While not as common, your lawyer might negotiate for an exhibition of speed plea if the prosecutor’s case isn’t very strong. This option often doesn’t lead to jail time or a suspension of your license
Does California’s DUI law Vary From County to County?
DUI penalties and laws are the same across California, but the experience might differ depending on the jurisdiction where you face charges. The state has maximum and minimum penalties, but how strict your sentence is can depend on the local judge’s tendencies. Some judges tend to give out harsher sentences than others.
Since this can vary from one county to another, hiring a lawyer who knows the ins and outs of DUI cases in your county is wise. A local DUI attorney will understand the local court system better and might have good relationships with judges and prosecutors, which can be helpful when you’re fighting DUI allegations.
Is it a Second DUI Crime if My First DUI Conviction was in a Different State?
You might be asking if a DUI conviction from another state counts as a second DUI offense if you get a DUI in California. Usually, the answer is yes. When new residents apply for a California driver’s license, the California DMV checks for DUI records from other states. If your out-of-state conviction happened within the last ten years and the DUI laws there are similar to California’s, it will likely be treated as your first offense.
Are There Immigration Consequences?
Getting a DUI for the second time typically won’t lead to negative immigration issues. However, if you were caught with controlled substances, that might lead to deportation proceedings.
Do Second DUI Convictions Affect Gun Ownership Rights?
A second offense DUI conviction won’t affect your right to carry, possess, or buy a gun in California.
Are There Offenses Related to a Second DUI Offense?
Below are offenses that are related to a second DUI offense:
Driving a Vehicle with a Blood Alcohol Content of .08% or More
In California, it’s illegal to operate a vehicle if your blood alcohol concentration (BAC) is 0.08% or above, according to California Vehicle Code 23152b VC. It doesn’t count if you feel fine and drive safely; you can still face DUI charges.
Underage DUI with a Blood Alcohol Content of .05% or More
California VC 23140 states that anyone younger than 21 can get a ticket for driving with a Blood Alcohol Content of 0.05% or higher. If a minor receives a second DUI, they could face even harsher penalties under VC 23540.
DUI Causing Injuries
California VC 23153 makes it illegal to operate a vehicle while impaired and hurt someone else while doing so. This charge can be either a felony or a misdemeanor, depending on the circumstances.
Contact an Experienced California DUI Attorney Near Me
If you’ve been charged with a second DUI, you should know that the penalties for this offense can be much more severe than for a first offense. However, just because you’ve been arrested doesn’t mean the court will convict you. With a skilled DUI defense attorney by your side, you can create a strong defense to challenge the charges and potentially avoid serious consequences.
At San Diego DUI Attorney, we’re here to help you fight the charges and work towards the most favorable outcome in your DUI case. Reach out to us today at 619-535-7150 to talk to one of our skilled attorneys about your situation.
