Penalties of a Second Time Driving Under The Influence

When a person is charged with a Driving Under the Influence, that charge is considered "prior-able" for a period of 10 years from the date you were convicted.

Unfortunately, a "Wet Reckless" (Vehicle Code 23103.5) is also considered a "prior-able" offense. People often think that a "Wet Reckless" means they are home free from the consequences of a DUI. On the contrary, if you were lucky enough to get a "wet reckless," the basic premise is that you made a mistake and learned your lesson the FIRST time. A wet reckless can also be considered from 10 years of the date you were convicted.

Driving Under the Influence is considered a serious offense.

Two Driving Under the Influence cases?! Probably not a good thing.

If you do find yourself trying to make the decision: to turn on the car or not? My suggestion is you should take a taxi, or find a friend to pick you up if you think you are unable to drive. But, sometimes things happen and a police officer may pull you over after you've had a couple beers.

If you are on your "Second" DUI, the California Courts require you go to jail. Typically, the jail time is for 4 days. Yes, 4 whole days! It is not something that an attorney can help you avoid. At best, you might qualify for house arrest, work program or SCRAM (ankle bracelet.) But, it is still a requirement to do the time. Sometimes the court will give you credit for the time you spent in jail when you were picked up.

It's important to remember that the DMV and the California Courts practice INDEPENDENTLY of each other when it comes to punishment. The Judge can't tell the DMV not to suspend your license. If you are on your second DUI, the DMV will suspend your license for a ONE YEAR period. If the DMV finds that your actions were severe enough, this can go up to two years (maybe even three.) You can get a restricted license after the One Year.

I've seen the fines in Los Angeles County go for about $500 at a minimum. That might sound like a low amount, but it really means $500 plus penalties and assessments. At that point, you end up paying $3,000 or more dollars. Sometimes it can be paid through Community Service (but who wants to be cleaning up garbage on the side of the road?) If you have an attorney, they also have other options of getting the fines reduced for you. An attorney can determine if you have "credit." You're still paying the $500 plus penalties and assessments, but credit means that gets reduced. Instead of $3000, you may only pay $1000.

According to the code, the Minimum and Maximum sentences are the following when you have probation:

1.  Probation will range from 3 years to 5 years.

2.  30 days to 120 days in county jail. (The minimum required is 96 hours in jail.)

3.  $390 to $5,000 fine. (This doesn't include the Penalties and Assessments)

4.  An 18-month Alcohol Program (These are pretty pricey)

Don't forget that some Courts require you take MADD (Mother's Against Drunk Driving), VIP, or MORGUE. You have to visit morgues, watch videos of people dying from DUIs, etc, etc. Not pretty. Not fun.

*Random fact: a former president of a MADD chapter was arrested for a D.U.I. a while back (I think in Florida?)

Oh yes it does!! I practice mostly out of Los Angeles County. Therefore, the estimates I give are for Los Angeles County. I have heard that San Bernardino County usually gives a find of $390 instead of $500. However, I would not quote me on it.

Well, you probably didn't hear what the consequences would be when the Judge told you not to drink and drive the first time. But, again, things happen. If you're on probation you might get "popped" for a Probation Violation. Eek! That means that you will be punished for your NEW D.U.I. AND you will be punished for VIOLATING your OLD DUI. Typically, the courts ask for 30 days to 180 days in jail. If you have a lawyer, and you have some a good case and the Court is willing to take in extra circumstances, you might be able to get the minimum. You might even be able to do Work Programs, House Arrest or SCRAM. 

You should probably hire someone to ensure that your rights are defended. Next time you see a Billboard that says "You Just Blew $10,000," they aren't kidding. But an attorney can help you figure out where to go. We are here to guide you, and defend you. :)