Drunk and drugged driving are responsible for around 25% of accident fatalities in the United States, and millions of people report driving under the influence (DUI) every year. While it may be common, it is a serious crime that can carry substantial penalties. This is especially true for people with past DUI convictions on their records.

DUI in California

A criminal charge of driving under the influence can occur if your driving is impaired from alcohol consumption or drug use, including illegal drugs, prescriptions, and over-the-counter medicines. California law also allows states that anyone with a blood alcohol concentration (BAC) over a certain limit is considered to be driving under the influence whether or not their driving was impaired. The legal limit is .08% for drivers except in the following scenarios:

  • A commercial vehicle driver has a legal limit of .04%
  • A driver transporting passengers for hire has a legal limit of .04%
  • Anyone under the age of 21 and anyone on DUI probation cannot have any detectable amount of alcohol in their system

It is also illegal in California to have an open container of alcohol or marijuana in your vehicle unless they are transported in the trunk.

Knowing the laws can help you avoid additional DUI charges and be useful in preparing for your upcoming DUI hearing.

Penalties for a Second DUI Charge

While most first-time offenders receive some lenience in sentencing, repeat offenders are more likely to face harsher penalties if they are charged with a subsequent DUI within ten years of the first.

A second DUI offense is classed as a misdemeanor in California, and potential penalties include:

  • Fines and penalty assessments of up to $3,000
  • License suspension
  • Mandatory substance abuse programs
  • Up to one year of jail time
  • Up to five years of probation
  • Installation of an ignition interlock device (IID)

License Suspension

Your license may be suspended for up to two years after a second DUI. Once you complete 12 months of the suspension, you can request a restricted license. Not everyone is eligible for a restricted license, and the Department of Motor Vehicles (DMV) will make this determination on a case-by-case basis. You may be denied a restricted license if the DMV or judge decides that you present a traffic or public safety risk.

Ignition Interlock Device

You may be required to have an IID installed on your vehicle for up to twelve months after a second DUI charge. IIDs require an installation fee and monthly fees, so be prepared to spend anywhere from $70 to $100 per month.

Substance Abuse Classes and Programs

Your second DUI offense could lead to required participation in impaired driving and awareness programs or mandated attendance in substance abuse programs. These sessions and classes can last up to 30 months.

Aggravating Factors

The penalties listed above assume that no aggravating factors exist in your DUI case. If your DUI charge also includes additional circumstances like excessive speeding or causing an accident involving other people, you are likely to face a steeper punishment. Other aggravating factors include refusing to allow BAC testing, having a BAC of .15% or higher, or driving under the influence with children in your car.

Immigration Consequences

First DUI offenses do not generally impact immigration matters, but non-citizens who are arrested for a second DUI could face deportation or inadmissibility. DUIs can be classified as crimes of moral turpitude, which are among the charges that lead to being deported or losing the chance to return or become a citizen. A crime of moral turpitude generally involves fraud or behavior that harms others. The effects of a second DUI charge can impact not only the alleged immigrant offender but also their immediate and extended family.

Defenses in a Second DUI Case

Building a solid defense is crucial in a second DUI case, and there are some legal approaches that your DUI attorney may use to have the charges dropped or obtain a lesser sentence.

Failure to Follow Procedure

You can argue that the officer did not follow protocol or procedure when they pulled you over or arrested you. Did the officer have a reasonable suspicion that you were driving under the influence? Did they perform the chemical or breath test correctly? If not, you may be able to beat the charges against you.

No Impairment or Intoxication

A DUI charge includes either impaired driving or a BAC above the legal limit. If neither of these exist, there is no DUI. Perhaps the officer was mistaken about your driving ability or maybe your BAC was within the limit.

Conditions that Mimic DUI

The field sobriety tests performed by police officers in California do not take into consideration that a number of factors could cause someone to fail. Nerves caused by being suspected of drunk driving, prescription medications, and medical conditions can all cause someone to perform these tests poorly.

There are many scenarios that could present a valid defensive strategy against a second DUI charge. Being able to identify and support them can make a significant difference in the outcome of your case.

Contact a DUI Attorney

Fines, license suspension, and jail time are only short-term penalties resulting from a second DUI conviction. The stigma and other long-term consequences have lasting effects that are not easily escaped. For assistance with your DUI case, contact the Law Office of Sheny Gutierrez for a free consultation.

View our post on Third Time DUI Offenses for more info on subsequent charges.