Chances of Going to Jail for 2nd DUI in California
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What Happens When You Get a 2nd DUI in California?
It isn’t easy to know what to expect when you are charged with a second DUI in California. Depending on the circumstances, DUI laws in California vary, and the penalties are severe. County laws also differ, so it is important to know your county’s DUI laws.
A person can get a DUI driving with a blood alcohol concentration (BAC) of 0.08% or higher in California. This includes being under the influence of drugs or alcohol, which means you have consumed enough of the substance to impair your driving ability. A person under 21 years old cannot drive with any alcohol in their system.
Getting a second DUI can have harsher consequences. You’ll be subjected to harsher penalties and fines if caught drinking and driving again. These penalties, however, will vary based on your specific circumstances.
If you are arrested for DUI, you may benefit from the advice of an experienced attorney from a reputable firm, such as Rebecca Feigelson Law. An attorney can help you understand the legal repercussions of a DUI arrest and provide advice on protecting your rights.
2nd DUI in California License Suspension
Second DUI offenses in California can result in license suspensions. Your license might be revoked before your case even goes to court. If you are convicted of DUI or have to attend a mandatory DMV hearing, you may temporarily lose your driving privileges.
DUI arrests automatically result in the DMV suspending your driving license. You can regain your driving privileges at a DMV hearing, but your license will be revoked if you do not schedule a hearing.
Can You Get a Restricted License After a 2nd DUI in California?
There are many reasons why a person might need a restricted license. They might have to drive to work, or they have to take their kids to school. Some people also need a license for identification purposes.
People who get a DUI in California can get a restricted license if they meet specific requirements. The requirements include the following:
A valid driver’s license
Proof of eligibility for the restricted license
Proof of vehicle insurance
Proof of sobriety
An application to the DMV
Pay the DMV a nonrefundable fee of $85
A restricted license is not available to everyone who has received a second DUI conviction. Consult a qualified Los Angeles DUI lawyer if you are uncertain about your eligibility.
Criminal Penalties for a Second Offense Dui in California
Your second DUI offense is punishable by the following:
- Three to five years of summary probation
- Up to 30 months of DUI school
- Fines and penalties assessments from $390 to $2,000
- No less than 96 hours in county jail
- License suspension
- Installation of an ignition interlock device
If you have a prior drunk driving conviction, at most, a second misdemeanor DUI in California is punishable by one year of incarceration. If the second or subsequent DUI involves aggravating factors, it becomes a felony. The penalties are more severe and could include a driver’s license suspension, revocation, and even vehicle impoundment.
What Happens if You Get a 2nd DUI in California After 10 Years?
The consequences of a second DUI conviction within 10 years can be severe, including substantial fines, license suspension, rehabilitation conditions, and extended jail sentences. Convictions that occurred more than ten years ago do not count toward the ten-year limit.
While your 2nd DUI will still be a misdemeanor, the DUI penalties are harsher than if you had just gotten your 1st one.
What Happens If You Get a 2nd DUI in California While on Probation?
There are many possible consequences that you can face if you get a 2nd DUI while on probation. These include:
- A jail sentence of at least four days
- A fine of at least $2,000
- Mandatory installation of an ignition interlock device in your car for at least six months
- Mandatory installation of a SCRAM bracelet on your ankle for 24 hours to monitor your alcohol consumption
In addition to the penalties listed above, you will most likely lose your license for a minimum of six months. You may also need to attend DUI programs bay area.
California 2nd DUI Procedures
If you are arrested for a second DUI offense, you will be taken to the police station and booked. You will be brought before the court (prosecuted), and bail will be set. You may also have your car impounded or have to surrender your license plates to the DMV if they are not already impounded.
You must contact a lawyer as soon as you are arrested. If a person has their license revoked, they can no longer drive anywhere and must rely on ride-sharing, public transportation, or the kindness of others.
Beating a 2nd DUI in California
The smartest way to avoid a 2nd offense DUI conviction is not to drink and drive. However, if you have been charged with a 2nd DUI, you must consult an experienced attorney who will review your case and help you determine an appropriate course of action.
Can a California Lawyer Help You With a Second DUI?
A DUI lawyer in California can help you with a second DUI. This will depend on the specifics of your case, but there are certain things that they might be able to do for you.
The first thing that a California DUI lawyer will do is to help you get out of jail as soon as possible. They can do this by requesting that the judge release you on bail or by filing an appeal to lower your bail amount.
Contact us to learn more about Rebecca Feigelson Law and consider scheduling a free consultation.
Is Jail Time Mandatory for a 2nd DUI in California?
The penalty for a second DUI in California is not always mandatory jail time. It depends on the circumstances of the case and the judge’s discretion. A DUI defense lawyer could offer valuable information at this time.
Is Wet and Reckless a Felony in California?
No, wet and reckless is not a felony in California. It is considered a misdemeanor offense. If you are convicted of wet and reckless driving, you may face a license suspension, fines, and other penalties.
Additionally, a wet reckless conviction will count as a prior DUI conviction, so if you are arrested for a subsequent DUI, the wet reckless conviction will be factored in, and the penalty may be more severe.
If you are facing a second offense DUI conviction in California, an experienced criminal defense lawyer can help you navigate the legal system and fight for your rights. Contact Rebecca Feigelson Law to learn more about our services and receive a free case review.
How Can You Avoid Jail Time for a 2nd DUI in California?
A second DUI conviction in California can be a serious offense and carries harsh penalties, including jail time. However, you can take steps to minimize the risk of going to jail by:
- Pleading not guilty
- Hiring a criminal defense attorney who has experience with DUI cases
Your attorney can help you navigate the legal system, negotiate with prosecutors, and present an effective defense. They may also be able to get your case dismissed or reduced to a lesser charge, such as wet and reckless driving.
If you are facing a second DUI charge, contact the law firm of Rebecca Feigelson Law for a free consultation. Our experienced attorneys can help you understand your rights and fight for the best possible outcome.