In California, a second DUI conviction carries far more severe penalties than a first offense, reflecting the state’s goal of deterring repeat violations. Understanding these penalties is essential to preparing a strong defense and protecting your future. If you have been charged with a second DUI in California, consulting with an experienced criminal defense attorney as soon as possible can make a critical difference in your case.
An Overview of California’s DUI Law
California’s DUI Law is strict and is intended to discourage dangerous driving behaviors that put the public’s safety at risk. It makes no distinction between impairment caused by an illegal substance and impairment caused by a legal substance (such as a valid prescription or an over-the-counter medication), and it ensures that all impaired drivers, regardless of the substance involved, are held legally accountable for the decisions they make.
California DUI law is codified under California Vehicle Code § 23152 (2024). Defined according to this statute, a person is considered as legally “under the influence” when their Blood Alcohol Concentration, or BAC level, meets or exceeds the legal limit. Additionally, under California Vehicle Code § 2315, the following actions can count as violations of the state’s DUI law:
- (a) It is illegal to drive a vehicle while under the influence of any alcoholic beverage.
- (b) A person may not operate a vehicle with a blood alcohol concentration (BAC) of 0.08% or higher.
- (c) Driving while addicted to the use of any drug, whether legal or illegal, is prohibited.
- (d) For commercial vehicle drivers, the BAC limit is lower: 0.04% or more constitutes a DUI.
- (e) When transporting a passenger for hire (such as in a taxi or rideshare vehicle), a driver may not have a BAC of 0.04% or more.
- (f) It is unlawful to operate a vehicle while under the influence of any drug, including prescription or over-the-counter medications that may impair driving ability.
- (g) Driving under the combined influence of alcohol and drugs is also considered a DUI offense.
If you or a loved one are facing a DUI (whether a first time DUI or a subsequent) charge in California, contact an experienced DUI attorney as soon as possible.
The Penalties for A 2nd Time DUI Conviction
The penalties for a DUI in California increase with each subsequent conviction. Because one of the primary goals of punishment in the state is to deter repeat offenses, even a first-time DUI can carry serious consequences. A first time DUI may include a mandatory driver’s license suspension for four months, fines that can total up to $10,000, and up to six months in jail. First-time offenders are also typically required to complete a DUI education program lasting at least three months and may be sentenced to community service. Given the severity of penalties for a first offense, it is not surprising that a second DUI offense is punished even more harshly. Importantly, California law makes no distinction based on how much time has passed between convictions and a second offense will still be treated and sentenced as such even if a long time has passed between the two offenses.
The penalties for a second DUI conviction in California include a two-year license revocation or, alternatively, the installation of an ignition interlock device for one year. Offenders face fines of up to $1,000, along with mandatory jail time ranging from a minimum of 96 hours to a maximum of one year. Additionally, a second conviction typically carries three to five years of probation and requires attendance in a DUI education program lasting from 18 to 30 months. 2nd time offenders may also face social stigma, higher insurance premiums, or other conditions aimed at preventing further offenses. These consequences underscore the seriousness with which California treats second DUI violations.
Contact The Law Office of Nicolai Cocis for Second DUI Defense
If you have been charged with a second DUI in California, you are facing serious penalties that can impact your freedom, finances, and future. The sooner you contact an experienced DUI defense attorney, the better your chances of reducing or even avoiding these consequences. At The Law Office of Nicolai Cocsi, we have the knowledge and legal skill set needed to challenge the prosecution’s case and maintain your rights. With over 25 years of experience, our founding attorney has a proven record of successfully defending against subsequent California DUI charges. Contact us today to schedule a confidential consultation and begin building your defense.
