Being convicted of a second DUI offense means you can face longer license suspension, more expensive fines, and the possibility of being sent to jail. If you have another DUI on your record, drive recklessly, or accumulate too many points on your driver’s license, you could lose your ability to work, take care of your family, and stay free.
The legal and administrative steps are often very complicated when it is a second DUI situation. If you do not have a legal professional helping you, you risk facing delays in regaining your license. Losing your license for an extended period can make it hard to keep your job, handle family matters, and access opportunities in the future.
San Diego DUI Attorney helps clients facing the suspension of their driver’s license. We fight for your rights and help you have your driving privileges restored. Do not put off making decisions that will protect your future. Call us today for a free consultation to learn about your case and choose the best legal steps.
Understanding the Second Offense Criteria
In California, a DMV license suspension “second offense” is defined as any subsequent violation within a particular look-back period, which may vary by the type of offense.
For DUI offenses, Vehicle Code 23540 sets a ten-year look-back period. In other words, a second DUI conviction will trigger enhanced penalties, but only if it occurs within ten years of the first offense. Further, the penalties may include a 2-year suspension.
For other offenses, like reckless driving outlined under VC 23103, the DMV may look at suspensions and convictions in the 7 years before your current offense to determine whether you are a repeat offender. The second offense does not have to be similar. For example, if you have a DUI in your record and commit a hit-and-run, a crime under VC Section 20002, that can be a second offense if both lead to administrative actions.
The DMV uses your driver’s record to track convictions and suspensions, not arrests. You can find your record online or at a DMV office. The state could suspend your driver’s license if you accumulate many points due to driving violations.
Vehicle Code Section 12810 establishes the Negligent Operator Treatment System (NOTS). Your license could be suspended if you accumulate 6 points in 24 months. Request a certified driving record from the DMV to verify your status and review whether you have recorded violations on the system.
Misinterpreting the look-back period or offense classification can lead to unexpected penalties. These include extended suspensions or designation as a habitual offender.
Common Reasons for a Second DMV License Suspension
In California, you can face a second license suspension for serious or repeated offenses covered by different statutes.
A first trigger for license suspension is being convicted of a DUI under Vehicle Code Section 23152. This result means your driver’s license will be suspended for 2 years if the DUI happens within 10 years of the previous one, depending on the DMV or court action.
Besides driving while impaired, several major traffic offenses can lead to a second suspension because they quickly add up under the NOTS. Driving at extreme speeds, like reckless driving or speeding over 20 mph over the limit as outlined in Vehicle Code Section 22348, can rapidly raise your driver’s point count. A suspension occurs when you earn 6 points on your license in 24 months.
Administrative issues can also lead to suspensions. If you drive without valid insurance, as required in VC 16020, you receive a 1-year suspension, and it remains active if you do not submit insurance proof. Furthermore, if you miss court for citations or fail to pay fines as required by Vehicle Code 40508, your license will be immediately suspended.
Driving recklessly can often result in a “habitual traffic offender” designation, according to Vehicle Code Section 14601.3. As a result, your license will be revoked for three years.
Please note that these DMV suspensions are distinct from the court-issued suspensions that result from convictions. If you are convicted of a DUI for a second time, you could face up to 120 days in jail, in addition to the DMV action. Promptly addressing these violations, through payment plans or legal challenges, is necessary to avoid compounding penalties, which underscores the importance of understanding the dual legal processes involved.
The Department of Motor Vehicle Administrative Process vs. the Court Process
A second license suspension proceeds through two distinct avenues:
- An administrative proceeding at the DMV
- A criminal proceeding in court
Each has its governing statute, authority, parties, processes, and purposes.
The California Department of Motor Vehicles (DMV) is authorized by Vehicle Code Section 13353 to administratively suspend an individual’s driving privilege based on their driving record. Examples of this include a second DUI or excess points under the Negligent Operator Treatment System (NOTS).
A DUI arrest with a BAC of 0.08% or higher automatically results in a 1-year Administrative Per Se (APS) or DMV suspension, which takes place within 30 days, despite other criminal charges being pending. This administrative action relies on objective evidence, like breathalyzer readings or police reports, independent of court outcomes.
On the other hand, criminal courts operate under the Penal Code and Vehicle Code sections. The courts examine the issue of legal culpability. It also imposes:
- A fine between $390 and $1,000 for a second DUI
- Up to 1 year of probation
- 120 days to 1 year of county jail, per Vehicle Code Section 23540
The outcomes between the two could differ, making matters confusing for the defendant.
For instance, a plea bargain could result in your second DUI charges being reduced to a “wet reckless” under VC 23103.5, which carries lighter criminal penalties. However, the DMV could still impose a 2-year suspension based on your initial BAC test or arrest report. This dual track means penalties from the DMV and courts, and thus, a defense strategy is needed for each process.
It is important to understand this separation to prioritize actions, like requesting a DMV hearing within the 10-day time limit under Vehicle Code 14100, to contest the administrative suspension. If you do not deal with both processes, you could face:
- Increased penalties
- Increased fines
- Delay in reinstating your driving privileges
How to Respond After Receiving a Second California License Suspension Notice
Upon receiving a second suspension notice from the California Department of Motor Vehicles (DMV), you must immediately take action to protect your driving privileges and avoid heavy penalties.
Start by looking through the notice. Usually, a notice will be mailed after the violation occurs, in about 5 to 10 days. Examples of violations for which a notice is mailed include:
- A DUI violation
- Excessive Negligent Operator Treatment System (NOTS) points
One of the first vital notices you will receive after your arrest is the notice of suspension. The notice will have critical details such as:
- Your effective suspension date
- The specific violation, for example, Vehicle Code Section 23152 for DUI
- The 10-day deadline to request an administrative hearing
After all, you want to save and regain your license as soon as possible.
To request an administrative hearing, complete and send Form DS-700 to the DMV’s Driver Safety Office. If you fail to request this hearing within 10 days, you will lose your right to contest the suspension.
You also have to cease driving immediately. The police can charge you with a felony for operating a vehicle on a suspended license under Vehicle Code section 14601.1. However, you could face charges as a felony in instances that involve injury or repeat offenses. Whether or not you knew your license was suspended, you can face fines up to $2,000 and up to 7 years in jail if the police arrest you again.
Furthermore, you should gather the necessary documents to prepare the best case for the hearing. You will need:
- A certified driving record, which can be obtained online or at the front counter at a DMV office
- Court documents
- Insurance compliance proof, and
- Medical records, in case they are relevant, for example, if you want to use a medical condition for your defense
You should also promptly contact a qualified attorney to assess the notice’s accuracy, identify potential defenses, such as procedural errors in a DUI arrest, and prepare for the hearing. You must take these first steps early in the administrative process to preserve your ability to contest the suspension and set the stage for the DMV hearing process.
The DMV Administrative Hearing for a 2nd Offense
A DMV administrative hearing is your opportunity to challenge a second license suspension. You must request the hearing within 10 days from the date of service of the suspension notice on Form DS-700 to the DMV Driver Safety Office. The hearing will look at whether the action of the DMV is justified or not. The type of evidence that can help the DMV arrive at this conclusion includes:
- Police reports
- Breathalyzer results
- NOTS records
A second DUI hearing could look into the legality of the arrest, errors in the blood or breath alcohol tests, including breathalyzer malfunctions and procedural defects, including the failure to give a Miranda warning.
You could present evidence, including witness statements, medical records for diabetes or other conditions that could have affected the results for blood alcohol content, proof of compliance with insurance, or proof of registration requirements.
The potential outcomes of the DMV process could include:
- The suspension being upheld
- Reduction in the suspension period, for example, from 2 years to 1 year
- The suspension is overturned if evidence is lacking, though this is tough for second offences as these involve stricter scrutiny.
To prepare for a hearing, you should have the relevant documents ready. You should carefully review the violation to identify any possible defenses. Furthermore, with the help of your attorney, you could identify possible technical defenses like wrongful stop by the police and wrongful calibration of the breathalyzer.
Penalties for a Second DMV License Suspension
If you face a second DUI charge, the penalties are notably severe. These consequences vary and include:
- Extended license suspension — Per VC 23540, if you receive a second DUI within 10 years of the first, you will have your license suspended for at least 2 years.
- Substantial fees — Besides the court fines ranging from $390 to $1,000 for a second DUI, additional penalty assessments can result in a much higher total amount. You might end up paying $2,000 or even more. You will also have to pay a $125 DMV reinstatement fee.
- Mandatory DUI education program — If you are convicted of a second DUI offense, you must take part in an 18-month DUI education program called the SB 38 program. These programs can cost you between $1,800 and $2,500. These programs could include 52 hours of group counseling and 12 hours of alcohol/drug education.
- Ignition Interlock Device (IID) requirement — Vehicle Code Section 23700 requires you to have an IID installed in your car after a second DUI conviction. The device stays in your vehicle for at least a year and no more than 4 years, and it will not let your car start if it detects alcohol on your breath. The cost to install and maintain the IID is often $70 to $150 a month.
- Additional criminal penalties — Apart from administrative sanctions, San Diego courts also give further criminal penalties for a second DUI. You can be jailed for anywhere from 96 hours to a full year. If you are convicted, some judges could allow for alternatives like work programs or house arrest, but you are more likely to go to jail. Moreover, the court could require you to do community service or receive substance abuse counseling.
You will have your driver’s license suspended indefinitely if you fail to attend the DUI program, miss your IID calibrations, or fail to pay your fines. You may have to wait a long time, sometimes years, before your license can be reinstated.
For repeat offenders, especially if you are found driving with a suspended license, your vehicle may be impounded and held for 30 to 90 days according to Vehicle Code Section 14602.7. This means you will pay extra for towing and storage, usually between $500 and $1,000.
Can You Obtain a Restricted or Hardship License After a 2nd Suspension?
In California, obtaining a restricted license after a second suspension can be difficult due to strict laws. Vehicle Code section 13352 lays out the rules. Securing a restricted license is possible if you were arrested for a second DUI within ten years. However, you must first serve a 90-day “hard suspension.” A hard suspension means you cannot drive at all.
Subsequently, you can only drive your vehicle to and from work, school, or a court-ordered DUI program. Moreover, you must install an IID, keep an SR-22, and enter an 18-month DUI. The application must be made on DMV Form DL-300 and submitted with proof of program enrollment, SR-22 filing and fees ($50-$150). You must have an IID, which costs $70 to $150 monthly for installation, monitoring, and calibration. If you do not have one or fail a breath test, your license will be suspended for 45 days. In the case of non-DUI suspensions, like NOTS points, restricted licenses are less common, and you must demonstrate a “critical need,” like losing your job or seeking medical care. You cannot go where you like while driving the vehicle. You will be limited to specific routes and times. You risk a longer suspension or a fine for violating these terms.
A restricted license in San Diego could allow you to drive to your program, not for leisure. In California, habitual offenders rarely receive hardship licenses, which include a person with three serious violations in 3 years.
Eligibility and Process for a Restricted License After a Second California Suspension
Obtaining a restricted license following a second suspension is challenging, mainly because of the strict rules in Vehicle Code Section 13352. However, it is not always out of reach, especially when a second DUI causes the suspension.
After serving an initial 90-day “hard” suspension, you could be granted a restricted license if you have a second DUI within 10 years. A restricted license like this usually allows you to go to and from your job, school, or DUI programs required by the court. If you are eligible, you must have an Ignition Interlock Device (IID) installed in your car, maintain SR-22 car insurance, and attend an 18-month DUI program.
To apply for a restricted license, you should turn in Form DL-300 to the DMV, plus your program enrollment evidence, SR-22 insurance, and the usual fee of $50 to $150. Remember that you must have an IID, which costs between $70 and $150 monthly for installation, upkeep, and calibration. Failing a breath test will cause your restricted license to be revoked immediately.
With NOTS point suspensions that are non-DUI, you usually will not be granted a restricted license. In these situations, you must show that you need the restricted license to avoid losing your job or receiving necessary medical treatment.
They are very stringent if you obtain the restricted license, meaning you can only drive on specific routes and at certain times. If you do not follow these rules, you may face more suspensions or be fined. For example, a restricted license could allow you to drive to a DUI program but deny you travel for recreation.
Habitual offenders, people with three major violations within three years, are usually not granted restricted licenses.
Long-Term Consequences of Multiple License Suspensions
Several license suspensions can cause long-lasting and serious consequences in your finances, work, and personal life.
You could pay 100 to 300% more for your insurance, bringing your yearly bills to $3,000 to $5,000. This rise happens because insurance companies view you as a high-risk driver. Insurance providers could refuse to sell you a policy, so you should go with pricier non-standard companies.
Professionally, if your job requires driving, you will find that your opportunities are greatly reduced. Employers often see license suspensions as signs of unreliability and bad judgment, which lowers your chances of being hired.
If you are found to have committed three serious violations within three years under Vehicle Code Section 14601.3, you may be referred to as a habitual traffic offender (HTO). If designated as an HTO, you will lose your license for three years and could have your commercial vehicle removed.
The effects on a personal level are just as consequential. Mobility problems mean you have trouble going to healthcare facilities, schools, or childcare institutions. So, you could feel isolated from your community and find it hard to pay for the frequent rideshares, which often cost $20 to $50 each time.
How You Can Avoid Additional License Suspensions
You must be committed to responsible and legal driving to stop your license from being suspended again. You must follow every traffic law and ensure not to speed or drive while under the influence. If you have been charged for alcohol-related offenses, taking part in Alcoholics Anonymous or similar programs could solve the underlying problems and reduce your chances of reoffending.
You could also join an approved defensive driving program, which usually requires 8 hours and costs between $50 and $100. You may be able to drop one NOTS point and prove that you are dedicated to rehabilitation. Furthermore, maintaining continuous insurance and valid registration is necessary because if you fail to do so, you may automatically face penalties.
Moreover, you should check your driving history online with the DMV every three months. You can find information on incorrect points or unpaid tickets and deal with them early. Also, keep up with changes in California’s traffic laws, particularly regarding new IID mandates, so you comply in the future.
If you take these steps, you will lower your chances of a third offense, which could result in your license being revoked for three years and being labeled a habitual offender.
Find a DUI Attorney Near Me
A second license suspension from the DMV is quite serious. It can seriously affect your ability to drive, your livelihood, and your future. The workings of the DMV and criminal courts are complex. If charged with DUI and other driving offenses, you need to act fast and take informed action to avoid facing severe penalties. Penalties could include extended license suspensions, fines, and enrollment in expensive and intrusive programs. You can gain control of your situation by understanding the process from contesting suspension at a DMV hearing through reinstatement.
Do not let a second offence determine your path, and do not let it result in a habitual offender status, which is worse. The skilled San Diego DUI Attorney team will protect your rights and help you challenge suspensions and regain your driving privileges. Reach out to us at 619-535-7150 for a free consultation. Let us work on a strong defence for your case.
