A second charge for driving under the influence (DUI) may lead to hard penalties in California. Will you go to jail for a second DUI? In general, you should expect some time in jail following a conviction for a second DUI in California.
Get more information about the minimum and maximum jail sentences for a second DUI right here. You may also focus on additional repercussions for a second DUI charge. You may even consider some legal defenses for DUI charges in our area.
You May Go to Jail for a Second DUI in California
Generally, a conviction for a second DUI in California always leads to some jail time. Many counties require you to spend at least four days in jail for a second DUI. However, some counties incarcerate you for a longer period.
The court generally uses a maximum jail sentence of one year for a second DUI. However, you should be aware that we are only discussing misdemeanor DUI charges. These charges apply if no one was hurt or killed in a DUI accident.
You could face significantly more time behind bars for a felony DUI charge. Additionally, felony charges generally lead to time in prison, not jail. Discuss the specific charges you are facing with a legal team.
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You Face Additional Penalties for a Second DUI
Jail time is only one penalty associated with a second DUI conviction in California. The court uses other penalties for drivers convicted of a DUI. Depending upon your situation, you may need to:
- Pay fines to the court.
- Attend DUI school for either 18 or 30 months.
- Spend time on probation.
- Install an ignition interlock device (IID) on your vehicle for one year.
The fines for a second DUI conviction could be above $1,000. The court decides how long you must spend in DUI school. You must also attend a court-approved DUI school to accomplish this requirement. Failure to complete DUI school could put you in violation of your probation.
Finally, you must install an IID on all vehicles registered in your name after a second DUI. You may technically refuse to install an IID. However, refusal to use an IID causes the suspension of your driver’s license. Keep this in mind after a DUI conviction.
DUIs Grow More Severe With Each Conviction in California
DUI charges in the state of California are “priorable” offenses. Each charge stays on your driving record for 10 years. If you get a subsequent charge within 10 years, you face harsher penalties. For example, a second DUI leads to a minimum of four days in jail. A third DUI results in a minimum of 120 days in jail.
The penalties continue to increase with each conviction. The court may even prosecute a fourth DUI as a felony, regardless of whether you hurt someone in a DUI accident. It’s essential to minimize the number of DUI convictions on your record to avoid a felony conviction.
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Handle a Defense for a Second DUI in California
You may build a defense for a DUI charge in California. A DUI lawyer may start handling your case right away. Allow a lawyer to assess the specific nature of the charges you are facing. Your lawyer may help you by working to show that:
- Law enforcement stopped you without sufficient cause
- Your blood alcohol content (BAC) was not over the legal limit
- You were not inebriated at the time of your arrest
In some cases, the court may dismiss your DUI charges. At other times, a lawyer could advise you to accept a plea bargain from the prosecution in exchange for reduced penalties. However, you do have to plead guilty to a different charge to take a plea bargain.
Your lawyer may also help you if your case goes to court. Get legal assistance standing up to a judge and jury in California. Find out more about the best ways to handle a second DUI right now.
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Talk to a Lawyer About Jail Time for a Second DUI
Will you go to jail for a second DUI in California? A second DUI conviction generally leads to at least four days of jail time. You could face a longer period behind bars in some situations. Find out more about a second DUI by contacting the Simmrin Law Group. You may also complete our online contact form.
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