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 2nd 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. If you have been charged with a DUI in Oakland or the surrounding Bay Area, we recommend that you contact an Oakland DUI lawyer as soon as possible.
Besides Admin Per Se laws, you are subject to additional criminal penalties.
California’s Criminal Penalties for a 2nd 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.
Contact an Oakland DUI Defense Attorney Today
If you have been arrested for a DUI in Oakland or the surrounding Bay Area, contact the Law Offices of William Walraven today for a free consultation. Our Oakland DUI lawyer could help you understand the best defense strategy for your case. Fill out our online form or call us at (650) 204-3879 for a free initial consultation.