Second Offense DUI

What are the Penalties for a Second Offense DUI?

In California, a DUI is considered to be a multiple-offense if the crime occurs within 10 years of a prior DUI conviction. California Vehicle Code (CVC) section 23540 sets forth the penalties for a second offense DUI:

  • Jail time is mandatory under California law for a second offense DUI. A conviction will result in a minimum of 90 days, up to one (1) year, in the county jail. Often, the prosecution will request more than the 90-day minimum sentence, and judges tend to agree with that request
  • Fines may ranges between $390 to $1000, and additionally, the court may impose approximately $1000 of penalty assessments
  • 3 – 5 years of probation
  • You will be required to attend an 18-month DUI school
  • A two (2) year driver’s license suspension
  • Installation of an Ignition Interlock Device for up to three (3) years

Remember, the court may also impose increased penalties if an aggravating factors are involved. These factors include:

  • High blood-alcohol concentration
  • Accident with injury
  • Children present in the vehicle