Penalties- Second Offense

DUI Penalties California- Second Offense:  A second offense is a more serious charge than a first, but be reassured- unless there is something about your case that is special, you should not have to do jail time.  Almost all DUI penalties California Second Offense can be done in the Sheriff’s Alternative Work program.

  • Suspension of license:  Prior to January 1, 2011, any person who got two DUI convictions, or license suspensions, within 10 years suffered a one-year hard suspension.   That has changed.  Second offenders can now get a restricted license after a 90 day hard suspension provided that they install an ignition interlock device on their car.  So instead of waiting for one year to get a license, you can be back on the road in 91 days provided (a) you have proof of enrollment on file with the DV showing you are attending an 18 month DUI program, (b) you have an SR-22 (proof of insurance for three years), (c) you have an ignition interlock device (IID) installed on every car that you are driving.  The IID device will stay on your car for one year.
  • DUI School:  As noted above, all second offenders have to complete an 18 month Multiple Offenders Program.  This is not negotiable.
  • Sheriff Work Program:  Providing that you are placed on probation, the court is required to sentence you to a minimum of four days of work release.  How many days you actually do depends on the judge, the D.A. and the allegations in the police report (especially with reference to your BAC and your driving).
  • Fines:  Slightly more than a first offense.  Generally the fines for a second offense run around $2,000.  You can usually make payments of $75 a month with a small (usually $35) one-time processing fee.
  • Probation:  Three years court (informal) probation, if your case is not unusual.  Some counties, notably Monterey, will impose five years of informal probation in a second offender case.