If you already have an existing Driving While Under the Influence (DUI) charge, you will face much harsher penalties if you are arrested for a subsequent DUI. Worse yet, the court is much less likely to be lenient or to believe your side of the story if you are arrested. Aside from the criminal consequences, a second DUI offense in California subjects defendants to mandatory 18-month DUI education programs and installation of an Ignition Interlock Device (IID), even before restoring restricted driving privileges.

However, retaining a dedicated DUI lawyer can help to mitigate or negate these penalties.

San Diego Lawyer for Second DUI in California

If you’ve been pulled over on suspicion of a DUI, you will be treated with serious suspicion from the moment the officer asks you to roll your window down. Even if you aren’t intoxicated, the police may not believe you, and haul you down to the station anyway. Your best bet is to contact an experienced attorney immediately.

Attorney Michael Cindrich has decades of experience protecting clients in DUI cases, including in cases involving a 2nd DUI. The Law Offices of Michael E. Cindrich serve San Diego County, including the cities of Chula Vista, Oceanside, Escondido, Carlsbad, El Cajon, Vista, San Marcos, Encinitas, National City and La Mesa, and of course San Diego proper.

Contact Michael Cindrich today for a free consultation at (619) 262-2500.

Overview of Second DUI in California

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Second DUI under California Law

While courts take a serious approach to all DUI cases, including first DUIs, the state comes down heavily on subsequent offenders.

A second DUI offense in California occurs when a person is arrested for driving under the influence within 10 years of a prior DUI conviction. California law establishes a 10-year “lookback” period, meaning prior DUI convictions within this timeframe can be used to enhance penalties for a subsequent offense.

Under California Vehicle Code Section 23152(a), it is unlawful to drive under the influence of alcohol. Similarly, Vehicle Code Section 23152(b) makes it illegal to drive with a blood alcohol concentration (BAC) of 0.08% or higher.

After a second DUI arrest, two separate proceedings typically occur: the criminal court case and the administrative process through the Department of Motor Vehicles (DMV). The DMV determines whether to suspend the driver’s license, while the court assesses criminal penalties. Both processes can result in serious consequences, including license suspension, fines, and jail time.

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Criminal Penalties for a Second DUI in California

Second time offenders face a minimum of 90 days to one year in jail, though alternative sentencing options like house arrest or work release may be available in some cases.

Fines range from $390 to $1,000, but additional court fees and assessments often inflate the total to several thousand dollars. Courts may also impose a probation period of three to five years, requiring offenders to attend DUI education programs, submit to random testing, and refrain from driving with any alcohol in their system.

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Will I Lose My License After a Second DUI?

A second DUI arrest typically results in an automatic license suspension, even before the criminal case is resolved. This administrative suspension is governed by California Vehicle Code Section 13352(a)(3).

Immediate Suspension by the DMV

The DMV initiates an “Administrative Per Se” (APS) suspension upon arrest if a chemical test indicates a BAC of 0.08% or higher. For a second offense, this suspension lasts two years. If the individual refuses a chemical test, the suspension period is extended to three years under Vehicle Code Section 13353.

Restricted License Eligibility

Drivers may be eligible for a restricted license, allowing limited driving privileges, such as commuting to work or attending DUI programs. To obtain a restricted license, individuals must:

  1. Enroll in a DUI education program.
  2. Install an ignition interlock device (IID) as required under Vehicle Code Section 23575.
  3. File proof of financial responsibility through an SR-22 form.

Restoring full driving privileges requires completing the suspension period, finishing the DUI program, and meeting all DMV reinstatement requirements.

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DUI Education Program for Second DUI

Completion of a DUI education program is mandatory for anyone convicted of a second DUI in California. This requirement is outlined in Vehicle Code Section 23542.

Program Length – For a second offense, individuals must complete an 18-month DUI education program. In some cases, a court may require a 30-month program if aggravating factors are present, such as a particularly high BAC or prior DUI-related incidents.

Program Content – These programs include alcohol and drug education, group counseling sessions, and individual interviews. The primary goal is to address substance use issues and reduce the likelihood of future DUI offenses.

Costs and Compliance – Participants are responsible for the costs of these programs, which can range from $1,800 to $3,000, depending on the program length and provider. Failing to enroll or complete the program will delay the reinstatement of driving privileges and may result in additional legal consequences.

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Do You Need an Ignition Interlock Device After a Second DUI?

An ignition interlock device (IID) is required for individuals convicted of a second DUI in California. Vehicle Code Section 23575 outlines the requirements for IID installation as part of the penalties for repeat offenses.

How It Works
An IID is a breathalyzer device installed in the offender’s vehicle. It prevents the car from starting if alcohol is detected on the driver’s breath. Random retests may also be required while the vehicle is in operation.

Duration of Use
For a second DUI, offenders are generally required to use an IID for at least one year. However, the duration may vary based on the specifics of the case and the county where the offense occurred.

Costs
The cost of IID installation and monthly maintenance ranges from $70 to $150. Offenders must cover these expenses, and tampering with or removing the device can result in additional penalties.

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What Happens if You Refuse a Chemical Test After a Second DUI?

Refusing a chemical test during a second DUI investigation carries significant penalties under California’s Implied Consent Law (Vehicle Code Section 23612). By obtaining a driver’s license in California, individuals agree to submit to chemical testing if lawfully arrested for driving under the influence.

License Suspension – A refusal to take a chemical test results in an automatic suspension of driving privileges by the Department of Motor Vehicles (DMV). For a second offense, the suspension period is two years. If there is a prior refusal on record, the suspension may extend to three years under Vehicle Code Section 13353.

Court Penalties – In addition to administrative penalties, the refusal can result in enhanced criminal consequences, including additional jail time and stricter probation terms. Courts often treat refusal as an aggravating factor, increasing the likelihood of harsher sentencing.

Evidentiary Impact – Refusal to submit to a chemical test can be used as evidence of consciousness of guilt under jury instructions such as CALCRIM No. 2130. This evidence may complicate the defense’s ability to challenge the DUI charges.

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Second DUI License Reinstatement

Reinstating driving privileges after a second DUI involves meeting specific requirements set by the DMV and the court. The process is governed by Vehicle Code Section 13352(a)(3).

DUI Education Program

Completion of an 18-month or 30-month DUI program is mandatory for reinstatement. Proof of enrollment and completion must be submitted to the DMV.

SR-22 Insurance

Drivers must file an SR-22 form, which provides proof of financial responsibility. This requirement typically lasts three years, during which the driver must maintain continuous auto insurance coverage.

Ignition Interlock Device (IID)

An IID must be installed in the driver’s vehicle for a minimum of one year. The device must remain in place until the reinstatement requirements are fully satisfied.

Reinstatement Fees

Drivers must pay all applicable fees, including license reinstatement fees and any fines imposed by the court.

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Additional Resources

Annual Report of the California DUI Management Information System – This annual report compiles and analyzes DUI data in California to assess arrest rates, convictions, sanctions, and program outcomes. It includes long-term trends, recidivism data, and program effectiveness evaluations.

DUI Repeat Offenders Alcohol Involved 21 and Older – This document outlines administrative and legal processes for repeat DUI offenders aged 21 and older in California. It explains license suspension, ignition interlock device requirements, restricted license procedures, and reinstatement steps, offering a detailed guide to the penalties and options available after a repeat DUI offense.

DUI Summary Statistics – This source provides statistical data on DUI trends in California, including arrest rates, conviction rates, crash involvement, and license suspension details. The statistics aim to inform about patterns and outcomes related to DUI enforcement and prevention efforts across the state.

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Hire a Defense Attorney for Second DUI in San Diego

Attorney Michael Cindrich has decades of experience protecting clients in DUI cases, including in 2nd DUI cases. The Law Offices of Michael E. Cindrich serve San Diego County, including the cities of Chula Vista, Oceanside, Escondido, Carlsbad, El Cajon, Vista, San Marcos, Encinitas, National City and La Mesa, and of course San Diego proper.

Contact Michael Cindrich today for a free consultation at (619) 262-2500.

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