Charges for driving under the influence (DUI) are priorable in the state of California. This means that you will face increased penalties each time you are convicted of a DUI. These penalties can be especially harsh if you are arrested for a second DUI while on probation for a first DUI offense.
Use this article to consider what happens in California if you get a second DUI while on probation for your first DUI. Review your legal options to handle this situation by calling the Simmrin Law Group at (310) 997-4688.
California Treats DUIs as Priorable Offenses
DUI convictions remain on your criminal record for 10 years in California. Each time you are convicted of a new DUI in this 10-year period, the penalties you face can increase. For example, a first-time conviction for a DUI can lead to:
- Fines of up to $2,000
- Jail time of up to six months
A second conviction for a DUI can result in:
- Fines of up to $2,500
- Jail time of up to one year
The court system in California has some leeway in the severity of the penalties for a DUI conviction. Judges are more likely to punish you harshly if you are convicted of a subsequent DUI while on probation for your first offense.
A DUI Can Violate the Terms of Your Probation
Drivers convicted of a DUI in California are often forced to serve out three-to-five years of probation. While you are on probation for a DUI offense, you must adhere to any court-ordered regulations. Generally, the court will require you to:
- Avoid all alcohol before driving a vehicle
- Avoid any additional criminal convictions
As you can see, a conviction for a second DUI in California would almost certainly be considered a probation violation.
Results of a DUI Probation Violation in California
If you violate your probation, you can face a number of serious penalties. The court system can choose to:
- Extend your period of probation
- Add harsher restrictions to your probation
- Revoke your probation and send you to jail
Note that you can violate your probation even if you are not convicted of a DUI. As we mentioned, you are generally required to keep your blood alcohol content (BAC) under 0.01% when operating a vehicle while on DUI probation. The legal limit in California for BAC is usually 0.08%. This means that you may be under the legal limit – and therefore not charged with a DUI – while still violating the terms of your probation.
Make sure you get legal help right away if you are accused of a probation violation. Call (310) 997-4688 to speak to a criminal defense lawyer in Los Angeles now.
License Restrictions and DUI Convictions in California
Drivers convicted of a first-time DUI in California may not be required to install an ignition interlock device (IID) on their vehicle. If you are convicted of a second DUI you will be legally required to install an IID under California’s new IID regulations.
You will not be able to operate a vehicle without an IID after a second DUI conviction. You will also be required to keep the IID on your vehicle for a year following a second DUI conviction. Note that you will need to use an IID for a longer period of time for subsequent DUI convictions.
IIDs are used to measure your blood alcohol content (BAC) before you can turn on your vehicle. You will also need to perform regular re-tests while driving with an IID installed. Some drivers convicted of a first-time DUI choose to install an IID, as they can prevent subsequent DUIs in some circumstances.
You can speak to a DUI lawyer in Los Angeles about whether an IID is a right choice for you after a first-time DUI offense. The team at the Simmrin Law Group can also construct your defense for any DUI charge. Reach out to us now to focus on your legal options.
Talk to a Lawyer if You Are Charged with a Second DUI in California
You can face increased penalties in California if you get a second DUI while on probation for your first DUI. Fortunately, you can get legal help in this situation by contacting the Simmrin Law Group. Our DUI lawyers in Los Angeles are ready to get to work for you, starting with a FREE consultation.
Complete our online contact form or call (310) 997-4688 to get professional assistance. We’re ready to defend you from first or second DUI charges throughout California.