Second Misdemeanor DUI

Being arrested for a second misdemeanor DUI can have very serious consequences. In order for a DUI charge to be counted as a second offense, the violation must have occurred within ten (10) years of the first DUI violation. The ten year rule is not triggered by the date of conviction but rather by the date of the actual DUI violation. The possible punishment for second and subsequent DUI conviction can rise exponentially:

Possible Penalties for a Second Misdemeanor DUI in California

A second misdemeanor DUI is punishable by:

  • Three (3) to five (5) years of informal probation
  • Up to one year in jail
  • An eighteen (18) month or thirty (30) month California DUI program
  • Between $390 to $1000 in fines
  • Ignition interlock device
  • A California driver’s license suspension of two years

The DUI fine does not include penalty assessments which can more than triple it. The California driver’s license suspension following a second misdemeanor DUI conviction can generally be converted into a restricted license after one year. At least four days must be served in jail.

In Sacramento for example the standard second misdemeanor DUI offer by the Sacramento District Attorney’s office is:

  • Four years of informal court probation
  • 10 to 60 days county jail
  • 18 month California alcohol program
  • Driver’s license suspension
  • Ignition interlock device
  • A fine of $480 + penalty assessments (about $2300 after penalty assessments)

The ordered jail time may typically be completed in a Sheriff’s out of custody work or ankle bracelet program with the exception of 4 days which must be served in jail. The length of the jail time is related to factors surrounding the DUI arrest, such as: blood-alcohol level, vehicle code moving violations and whether the accused driver caused a collision.

How a Second Misdemeanor DUI Affects Your License

If you have been arrested for a second misdemeanor DUI, your California license may be suspended by either (1) being convicted of a second DUI in court or (2) by having a DMV officer rule against you at a DMV administrative hearing.

Court Ordered Suspension for Second Time DUI Offenders

After you are convicted in court of a second misdemeanor DUI, a two year suspension is imposed by the DMV per California Vehicle Code section 13352(a)(3).

Administrative Suspension for Second Time DUI Offenders

If you have been arrested for a DUI and your BAC measured %.08 or more, the DMV will seek to impose an administrative one year suspension. This driver’s license suspension is separate and independent from the court triggered suspension. You are entitled to an administrative hearing; however that hearing must be requested within ten (10) days of your arrest. You are entitled to be represented by a DUI defense lawyer at that hearing.

You may be able to apply and receive a restricted driver’s license after one year following an administrative suspension however you must provide: proof of enrollment in a the California DUI program, proof of SR-22 insurance, and proof of having an ignition interlock device installed in your car.