A DUI charge will stay on your record for ten years in California. If you are charged with a second DUI offense within a 10-year period, the penalties increase from your first DUI conviction. Similar to a first DUI offense, a second DUI charge could have administrative and criminal consequences.
California's Admin Per Se (APS) laws for a second DUI
California's administrative consequences are administered by the California Department of Motor Vehicles (DMV) under APS laws. Under APS laws, a second-offense DUI could result in an automatic license suspension of one year. After receiving your license suspension order, you only have 10 days to request a hearing with the DMV to appeal the suspension.
California's criminal penalties for a second DUI
Criminal penalties for a second DUI in California could result in further license suspension of up to two years and greater fines. Additional penalties could include:
- Jail time of up to one year
- Three to five years of DUI probation
- DUI program of at least 18 months
- Installation of an ignition interlock device
These are basic penalties of a second DUI. The court has authority to heighten these penalties. Depending on the circumstances of your DUI, the consequences could be greater. Factors that could affect the outcome of a DUI include blood alcohol content (BAC) at the time of arrest, refusing a chemical test or whether the DUI caused injuries.
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