Hablamos Español

Will I Go to Jail For a Second DUI in CA?

Posted on by Accel Admin

While every DUI charge is taken extremely seriously, a second offense DUI garners much more serious repercussions than a first offense. The short answer is yes, you will go to jail after receiving a second DUI in California.

A DUI is the crime of driving while under the influence of drugs or alcohol. Someone convicted of two DUIs within 10 years of each other will be presented with significantly more severe consequences than a first offender. This is because intoxicated driving is considered a “priorable” offense, meaning that repeat offenders of the crime will be issued a harsher punishment, given that the second arrest is made within 10 years of the first one.

If you are facing a second DUI charge in California and need representation, it is imperative that you contact a Tehama County second DUI lawyer.

How Long Will I Go to Jail for a Second DUI in California?

There are multiple penalties given to someone convicted of their second DUI in California, and like most cases, specific sentencing and punishments will be dependent on the individual circumstances of the case. According to the state of California, the consequences of a second offense DUI generally include:

  • 3-5 years of summary probation
    • Summary probation is sometimes referred to as informal probation. It is essentially passive supervision. Summary probation typically does not require meetings with a probation officer or check-ins.
  • Up to 30 months of a DUI program
    • With the objective of reducing repeat DUI offenses, these programs can require counseling, education on drugs and alcohol, community service, and regular check-ins.
  • Fines ranging from $390 – $2,000
  • A minimum of 96 hours of jail time
  • Jail times for DUI offenses can vary, but a second-time offender will serve at least 96 hours and could be sentenced to up to a year.

The DMV (Department of Motor Vehicles) has the authority to suspend or restrict licenses. After the arrest of your second offense, you have 10 days to request a DMV hearing. If you fail to request a hearing or if you lose your hearing then your license will be suspended for one year. You may be able to request a restricted license under the condition that you only operate cars with an IID (ignition interlock device) installed. A suspension could also be triggered as a result of a court conviction.

How Long Will My Sentence Last?

As stated, jail time will range anywhere from 96 hours to one year. Varying factors play into how severe your sentence will be. Any of the following could result in an increased sentence and charges:

  • Having a blood alcohol content of .15% or more
  • Refusing to comply with testing
  • Being a minor
  • Driving excessively fast
  • Driving with a minor in the car
  • Causing accident or injury