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What Happens When You Get a Second Dui in California

What Happens When You Get a Second DUI in California?

Driving under the influence (DUI) is a serious offense in California, and the consequences become even more severe if you are charged with a second DUI. California has strict laws and penalties in place to deter individuals from driving while intoxicated. In this article, we will explore what happens when you get a second DUI in California and answer some frequently asked questions about this topic.

Penalties for a Second DUI in California:

1. License Suspension: If you are convicted of a second DUI offense in California, your license will be suspended for a minimum of one year. The Department of Motor Vehicles (DMV) will automatically suspend your license, regardless of the outcome of your criminal case. However, you may be eligible for a restricted license after a certain period of time, allowing you to drive to work or attend alcohol treatment programs.

2. Jail Time: A second DUI conviction in California can result in mandatory jail time. The length of the sentence depends on several factors, such as the circumstances of the offense and any prior convictions within the past ten years. Typically, a second DUI offense carries a minimum sentence of 96 hours in jail, which can be extended up to one year.

3. Fines and Fees: Second DUI offenders can face substantial fines and fees. The amount varies depending on the county and court, but it can range from $2,000 to $5,000. Additionally, there are various administrative fees, DUI education program costs, and other expenses that must be paid.

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4. DUI School: In California, individuals convicted of a second DUI offense are required to complete an 18 or 30-month DUI education program. This program aims to educate offenders about the risks and consequences of driving under the influence and provides necessary tools to prevent future offenses.

5. Ignition Interlock Device (IID): Second DUI offenders may also be required to install an ignition interlock device in their vehicle. This device measures the driver’s blood alcohol concentration (BAC) and prevents the car from starting if alcohol is detected. The duration of the IID requirement varies but is typically between one and three years.

6. Probation: Second DUI offenders are usually placed on probation for a period of three to five years. During this time, they must adhere to specific conditions, such as abstaining from alcohol, submitting to random drug tests, attending counseling or treatment programs, and avoiding further criminal behavior.

7. Increased Insurance Rates: A second DUI conviction can lead to significantly higher insurance rates. Insurance companies consider DUI offenses as high-risk behavior, resulting in increased premiums or even denial of coverage.

Frequently Asked Questions:

Q: Can I refuse a breathalyzer or blood test during a DUI arrest?
A: Refusing a breathalyzer or blood test can have serious consequences in California. It can result in an automatic one-year license suspension, even if you are not ultimately convicted of a DUI.

Q: Can I apply for a restricted license after a second DUI offense?
A: Yes, but you must meet certain criteria. You may be eligible for a restricted license after serving 90 days of your one-year license suspension. However, you will need to install an ignition interlock device in your vehicle.

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Q: Can I avoid jail time for a second DUI offense?
A: Jail time is typically mandatory for a second DUI offense in California. However, alternative sentencing options, such as house arrest or work release programs, may be available in some cases.

Q: Can I expunge a second DUI conviction from my record?
A: In California, a DUI conviction cannot be expunged from your record. It will remain on your criminal record indefinitely.

Q: Can a second DUI offense be charged as a felony?
A: Yes, under certain circumstances, a second DUI offense can be charged as a felony in California. These circumstances include causing injury or death while driving under the influence, having prior felony DUI convictions, or having a previous felony vehicular manslaughter conviction.

In conclusion, getting a second DUI in California can have severe consequences. The penalties include license suspension, jail time, fines, mandatory DUI education programs, ignition interlock device installation, probation, and increased insurance rates. It is essential to understand the legal implications and seek legal counsel if you find yourself facing a second DUI charge. Always prioritize your safety and the safety of others by never driving under the influence of alcohol or drugs.

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