What are the Penalties for a 2nd DUI in California?
California law is harsh when it comes to 2nd DUI penalties, to deter people from committing them and to address the real danger that DUI’s pose to the public. Mandatory jail time is one of the 2nd DUI penalties in California, in addition to DMV license suspension.
How much jail time is imposed for under 2nd DUI penalties in California?
Under current California law, the minimum jail time imposed for someone convicted of a 2nd DUI is 96 hours (which equates to 4 days) of jail time. It is important to note, this is the minimum that a judge can impose, and often judges give more jail time. More jail time is likely if there are aggravating circumstances in the DUI case, such as high blood alcohol level, or an accident or injuries to people involved in an accident if one occurred.
What kind of license suspension is given under 2nd DUI penalties in California?
A license suspension is given as a deterrent to future DUI driving, as well as a public safety measure to protect the driving public. In 2nd DUI cases, a 2 year driving suspension is given to drivers who are found to be operating a motor vehicle with a blood alcohol level above .08 if it is the 2nd occurrence in 10 years. (If the driver is currently on DUI probation (which typically lasts 36 months from the date of their prior conviction, a 3 year suspension is given by the DMV.)
What can be done to shorten the California driver’s license suspension for 2nd DUI?
Drivers facing a 2nd DUI driver’s license suspension can apply for an exemption to drive to and from work after 90 days suspension. According to Los Angeles DUI Lawyer Jon Straub, it is common for the DMV to require IID (Ignition Interlock Devices) for drivers who wish to qualify for the exemption to drive to and from work.
Strategies to avoid 2nd DUI penalties in California.
Fighting a 2nd DUI is very much like fighting a 1st DUI. The same defenses apply: Rising Blood Alcohol Defense, attacks on the police investigation, attacks on the probable cause for the initial stop, and attacks on the scientific blood and breath tests are all common defenses that work in fighting 2nd DUI cases.
With that in mind, an ounce of prevention is worth a pound of cure. If you can avoid a 2nd DUI conviction, it is best to do so. But if you or someone you care for finds themselves facing a 2nd DUI, it is best to speak with a DUI lawyer who can look at your case and tell you how to fight back.