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What are the consequences of a second DUI offense in California?

Posted by William Walraven | Feb 19, 2019 | 0 Comments

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.

About the Author

William Walraven

Education Golden Gate University School of Law, San Francisco, California Juris Doctor - 2008 University of California at Los Angeles B.A. - 2000 Major: Psychology Past Positions McGrane LLP, Associate Attorney Trepel, Greenfield, Sullivan and Draa LLP, Associate Attor...


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