2nd DUI Conviction: What Happens

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2nd DUI Conviction: What Happens

 A 2nd DUI conviction happens when you pick up a 2nd DUI within 10 years of a 1st DUI conviction or "wet reckless" conviction.

Over the years, California law has become much harsher on 2nd DUIs. This is why a DUI is referred to as a "priorable offense." Basically, if you have a prior DUI or "wet reckless," the next one within 10 years will result in much harsher punishment than the previous case. 

A 2nd DUI conviction happens in one of two ways: 1) entering a plea of guilty or no contest, and admitting your prior conviction; or 2) being found guilty in trial, and the prosecutor shows you have a prior conviction. 

After being found guilty in either a trial or by a plea for your 2nd DUI, the next phase is to find out whether or not you will get probation. In most cases, probation will be granted. A sentence without probation is much more steep and severe.

Now let's review the differences when probation is not granted in 2nd DUIs in California.

Sentencing for 2nd Time DUI in California: Probation Granted

A conviction for a 2nd DUI in California where probation is granted will generally result in these penalties:

  • 10 days jail to 1 year; or 96 hours to 6 months jail
  • 3 to 5 years of informal probation, commonly referred to as "summary probation"
    • This is not formal probation; you will not have a probation officer to check-in with 
  • 18 month or 30 month alcohol program/ DUI school
    • This is mandatory; there is no way around this requirement
  • Around $2,000 in fines
    • The fine is $390, but the court adds penalty assessments which brings up the fine to around $2,000
  • Drivers license suspension of 2 years

Some additional penalties for a first-time DUI in California where probation is granted can include:

  • Mothers Against Drunk Driving ("MADD") Victim Impact Panel
  • Hospital and Morgue ("HAM") Program
  • Community labor or community service

Sentencing for 2nd Time DUI in California: Probation Not Granted 

A conviction for a 2nd DUI in California where probation is not granted will generally result in these penalties:

  • 90 days to 1 year jail
  • 3 to 5 years of informal probation, commonly referred to as "summary probation"
    • This is not formal probation; you will not have a probation officer to check-in with 
  • 18 month or 30 month alcohol program/ DUI school
    • This is mandatory; there is no way around this requirement
  • Around $2,000 in fines
    • The fine is $390, but the court adds penalty assessments which brings up the fine to around $2,000
  • Drivers license suspension of 2 years

Some additional penalties for a first-time DUI in California where probation is granted can include:

  • Mothers Against Drunk Driving ("MADD") Victim Impact Panel
  • Hospital and Morgue ("HAM") Program
  • Community labor or community service

Charged with a crime?

If you are charged with DUI or any other criminal case in the San Fernando Valley or greater Los Angeles, I am at your service. I handle all of my own cases. No one else will be appearing on your court case except me. I will be at your side the whole way. Fighting for YOU.

Serving the San Fernando Valley and Greater Los Angeles

In my practice, I handle all types of DUIs, theft crimes, sex crimes, violent crimes, drug crimes, domestic violence, bench warrants, arrest warrants, and also expungements. I proudly serve our community in all courthouses throughout the San Fernando Valley and greater Los Angeles.

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Ste 203

San Fernando, CA 91340
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