What Happens if I Get a Second Offense DUI?
December 01, 2024Drinking and driving is a serious concern in our society, with 13,524 people losing their lives due to alcohol impairment in recent years. The state of California criminalizes operating a motor vehicle with a blood alcohol concentration (BAC) of 0.08% or greater, with commercial vehicle operators being charged for drunk driving with a BAC of 0.04% or greater.
If you have received a second DUI conviction in California, you will be sentenced to a mandatory 96 hours in prison, be forced to pay steep fines, and face a minimum two-year license suspension. You will have a mandatory period of hard suspension, after which you will be required to install an ignition interlock device to your car’s engine. Your punishment will only increase in severity if anyone is injured or killed.
In this blog, our California DUI defense lawyers explore these punishments and the importance of having skilled counsel.
Imprisonment and Fines
If you have received a second DUI in California in a 10-year period, you will have to serve a mandatory minimum of 96 hours in prison. This comes with a potential sentence of one year in prison. This may be accompanied by fines ranging from $390 to $1,000, plus assessment fees.
License Suspension
If you are 21 years of age or older and it is your second or subsequent DUI arrest, your license will automatically be suspended for one year. To avoid having your driving privileges revoked, you will need to win your DMV hearing and your criminal case.
You must request a DMV hearing (known as an administrative per se hearing) within 10 days of your arrest. For a second DUI conviction, your license will be revoked for two years if nobody was injured but three years if your DUI resulted in any injuries.
Ignition Interlock Device
In receiving a second DUI conviction in a ten-year period, you will be required to install an ignition interlock device (IID) in your vehicle. An IID works like a breathalyzer, measuring the amount of ethanol in your system based on your exhale. To start your car, you will need to breathe into the device. If your BAC registers at 0.02% or greater, your car will not turn on. During your restriction period, you will only be permitted to drive vehicles that have an IID installed.
Persistent Representation Against DUI Charges
A second DUI conviction will result in a 90-day hard suspension, meaning that you will be unable to drive at all. This is three months of not being able to drive to work or your children to school. You will be unable to grab groceries and run other necessary errands for your family. This license suspension affects more than just your ability to drive, and it most certainly will create hardship and tension in your personal life.
At Bamieh & De Smeth, PLC, our California DUI defense lawyers provide persistent representation to our clients. We will conduct our investigation to develop a defense strategy that gives you the greatest likelihood of a successful case outcome. If our findings reveal that the police did not follow proper protocols or conducted an illegal search and seizure, we will file a motion to get whatever evidence was gathered thrown out. If this motion is approved by the court, this may dramatically reduce your culpability.
Discuss Your Case with Our California DUI Defense Lawyers Today
A DUI conviction comes with painful consequences, which will influence the rest of your life. You are not doing everything you can to avoid a conviction until you hire skilled counsel. If you have been arrested for driving under the influence, reach out to our California DUI defense lawyers. To arrange your free case evaluation, contact us online or by phone today.