A second charge for driving under the influence (DUI) may have serious legal repercussions. Drivers convicted of a second DUI may face fines, time in DUI school, and the use of an ignition interlock device (IID). DUIs may also lead to incarceration. Can you avoid jail time after a second DUI in California?
In general, a second DUI conviction leads to at least a few days of jail time. Learn about the minimum and maximum amounts of jail time for a second DUI right here. Consider other DUI penalties and focus on DUI defenses as well.
Minimum and Maximum Jail Time for a Second DUI
In many cases, a second DUI conviction leads to at least 96 hours of jail time in California. However, this is the minimum amount of time drivers may face in jail. Some counties use a higher minimum amount of jail time. You may also face more than the minimum sentence after a conviction.
A second “simple” DUI could result in up to one year of jail time. Simple DUIs do not result in injuries or fatalities. Simple DUIs are generally treated as misdemeanors. They are often prosecuted under Vehicle Code Section 23152. You may face significantly more time behind bars if you are charged with a DUI causing injury, for example.
DUIs that result in injuries or deaths could result in felony charges. You may end up in prison if you are convicted of a felony DUI in California.
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Additional Penalties for a Second DUI in California
Jail time is not the only penalty for a second DUI in the state of California. Drivers may face additional penalties, such as fines. You may also be ordered to:
- Install an IID on all vehicles you drive for one year
- Attend up to 30 months of DUI school
IIDs are like personal breathalyzer devices. They attach to the steering column of your vehicle. You must use an IID each time you want to turn on your vehicle in California. The IID measures your blood alcohol content (BAC) levels. The IID prevents your vehicle from starting if your BAC is elevated.
Your Record and a Second DUI Charge in California
A second DUI charge also remains on your record in California. Just like your first DUI, the second charge stays on your record for 10 years. The court starts counting down these 10 years from the day of your arrest, not your conviction.
DUI convictions count against you while they are on your record. This means that you face harsher penalties if you are convicted of a third DUI in California. You may remove a DUI charge from your criminal record with an expungement. However, expungement does not take DUIs off of your driving record. This means they will still count against you after a subsequent DUI arrest.
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Take Steps to Avoid Jail Time After a Second DUI
As you can see, a conviction for a second DUI will likely result in jail time. However, you may avoid a conviction by working with a DUI lawyer in California. You can start discussing your options to resolve your charges by calling (310) 896-2723. A lawyer may help you avoid jail time by:
Getting Your Charges Dismissed
Sometimes, the court may dismiss DUI charges. Your charges may get dismissed if there is no strong evidence against you. A lawyer may also seek to have your charges dismissed if you were stopped by a police officer without reasonable cause.
Working to Get Your Charges Reduced
Many DUI charges are resolved with a plea bargain. You may be able to reduce the penalties you face if you accept a plea bargain in California. Many plea bargains take jail time off of the table as a penalty. Instead, you may be placed on probation and required to perform community service. Speak with a lawyer to discuss your plea bargain options.
Defending You in Court
Your lawyer may also build your defense if your case goes to court in California. A lawyer can work to show that you were not driving while impaired. You do not face jail time if a lawyer brings you a not-guilty verdict.
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Speak to a Lawyer About Avoiding Jail Time in California
Can you avoid jail time after a second DUI in California? You may be able to avoid incarceration if you resolve your charges. The team at the Simmrin Law Group can help you build a defense for these accusations. Find out how by contacting our DUI lawyers in California right now. Reach out to us today and we will schedule you a free consultation.
Contact us by calling (310) 896-2723 or by completing our online contact form.