2nd Dui Conviction What Happens

Better Call Kev!

A Deeper Understanding

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

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 months 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

Driver’s 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
  • PLAY

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
  • Driver’s 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

What Is My First Step?

Contact Us Today for a Consultation

Get Started