Legal Question in DUI Law in California

Yes, if a person is convicted of a DUI (Vehicle Code Section 23152) and the offense occurred within 10 years of a separate California adult DUI or Wet Reckless conviction, then the new conviction is considered a second offense.

The consequences of a second DUI would be next to nothing if you get a good local DUI defense lawyer and beat the case in court and at DMV. In addition, a good local DUI defense lawyer may be able to examine the first DUI conviction and have it tossed, or reduce the second DUI to a wet reckless, or both, or better.

The consequences of a second DUI conviction if you fight and lose, or do not fight at all, vary widely depending partly on the severity of the first case and the nature of the allegations in the second case (such as injuries, blood alcohol level, refusal, driving behavior, hit & run, kids in the car) and also whether there are other DUI convictions outside the 10 years, or other types of prior convictions, age of driver, etc. Additionally, every county has its own sentencing practices which may include these and other considerations.

All of that said, in the typical adult misdemeanor case, the statutes provide a minimum 90 days in jail (no probation) or 4 or 10 days in jail (with probation), and a maximum of one year. Most counties sentence a typical second DUI to 10 to 30 days jail with probation and usually allow some kind of jail alternative such as a sheriff�s work program or electronic home confinement. Additional consequences typically include two years license suspension (restricted work license possible after 1 year, or perhaps 90 days according to a new law), a fine, usually in the range of $1500 to $2500 (most elect monthly payments), an 18-month DUI program (weekly 1 to 2 hour classes), 3 to 5 years of informal probation (obey all laws, no alcohol in system when driving), sometimes an ignition interlock device during probation, and sometimes mandatory AA meetings and/or an alcohol monitoring anklet for several months.

The consequences of a second DUI vary widely depending on many factors. Get a good local DUI defense attorney to examine your case, and fight it, or navigate all of these possible consequences with you to get you through this situation with the least stress and pain. If you live in Sonoma County and wish to hire a DUI defense lawyer, or browse additional information of this kind, please feel free to visit my website at www.sonomacountyduilawyer.com. Good luck, Jake

Of course. The prior can be from any state, not just CA. Penalties are all 'enhanced' for second offense, with mandatory jail, suspension of license, fines, alcohol school, etc. Get an experienced attorney to help you deal with this. Feel free to contact me if serious about doing so.