What punishment am I facing for a second-time DUI?
In the case of DUI charges that involve allegations of prior offenses, the prosecution bears the burden (responsibility) of proving the prior convictions occurred. Failing that, prior offenses cannot be used to increase California DUI penalties.
When convicted of driving under the influence in California for the second time, the potential penalties are as follows:
- informal (otherwise known as "summary") probation for three to five years,
- a minimum of 96 hours to a maximum of one year county jail,
- between $390-$1,000 in fines,
- an 18-month or 30-month court-approved DUI school, and
- a two-year driver's license suspension.
While the California Vehicle Code allows all of these penalties to be imposed, maximum punishment is infrequent. In particular, our DUI defense lawyers have been successful at keeping our clients out of jail, and often times getting the charges reduced or dismissed so that standard 2nd-time penalties don't apply.