A 2nd DUI conviction happens when you get a 2nd DUI within 10 years of a 1st DUI conviction or ‘wet reckless conviction. Over the years, California law has become much tougher towards 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 the 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 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:
Some additional penalties for a first-time DUI in California where probation is granted can include:
A conviction for a 2nd DUI in California where probation is not granted will generally result in these penalties:
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