California DUI Lawyer

 

Second Offense DUI - Court & DMV Penalties

PUNISHMENT IMPOSED BY THE COURT UPON CONVICTION:

PROBATION:

3 to 5 years informal probation

JAIL:

One year jail maximum; 96 hrs minimum mandatory jail.   In Orange County, District Attorneys will ask for 45 - 90 days or more in jail depending upon facts of your case.

COURT FINES:

Minimum $390 fine to maximum of $1000. Note, however that the $390 minimum fine, after adding penalty assessments & miscellaneous court fees, results in a total amount due of approximately $1600 to $1800.

DUI SCHOOL:

Attendance at 18-month Multiple Offender Program (FOP) required

COURT MAY ALSO ORDER:

  • Impound Vehicle up to 30 days if owned by defendant
  • Ignition Interlock Device for up to 3 years

INCREASED PENALTIES FOR DUI ENHANCEMENTS (IN ADDITION TO THE ABOVE)

  • Refusal/Forced Blood –
    Mandatory additional 96 hours Jail
  • Passenger in Vehicle Under Age 14 –
    Mandatory additional 10 days Jail
  • Speeding ≥ 30 mph on Freeway or ≥ 20 mph on Street or Highway –
    Mandatory additional 60 days Jail

DMV ACTION UPON CONVICTION:

  • 2-year license suspension (no driving whatsoever)
  • Restriction Eligibility: After serving 90 days of the suspension, you can apply for a restricted license if certain conditions are met, which will include installing an ignition interlock device on your vehicle. A restricted license allows driving to and from and during the course of employment and to and from the Multiple Offender Program. Note, court may order no restriction eligibility.  This IID restriction does not apply to persons who have been convicted of DUI drugs or those who have refused a chemical test.

SEPARATE DMV ADMINISTRATIVE PER SE SUSPENSION ACTION:

  • BAC < .08 –
    No action taken/suspension set aside
  • BAC ≥ .08 –
    1-year mandatory suspension with no option for restricted license.  This suspension can be stayed if IID restriction is granted after a conviction for an alcohol related second offense DUI.
  • Refusal/Forced Blood –
    2-year license revocation (no option for restriction)

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