Second Offense DUI in California

Drivers can be charged with a first, second, third, or fourth-offense DUI, as well as a felony DUI, in California. The state defines a DUI (Driving Under the Influence) under Cal. Veh. Code § 23152 as operating a vehicle while impaired by any alcoholic beverage or drugs, or having a blood alcohol content (BAC) of 0.08% or higher. The definition also includes driving with any amount of alcohol in the system (for those under 21) and driving with a BAC of 0.04% or higher (for a vehicle requiring a commercial driver's license or when a passenger for hire is present).

A second-time or second-offense DUI in California is when a person with one prior DUI conviction commits another DUI offense within 10 years. The state imposes significantly increased penalties for such an offense, primarily to prevent subsequent offenses, encourage safe driving behaviors, and maintain public safety.

Is a 2nd DUI a Felony in California?

No. A second DUI is ordinarily a misdemeanor in California, although the presiding court will impose greater penalties for the offense than for a first-time DUI. However, the presence of aggravating factors may upgrade the charge to a felony. If a DUI causes significant injury or death, it can become a felony in California.

What is the Lookback Period for a Second DUI in California?

California's lookback period for a DUI offense is 10 years (Cal. Veh. Code § 23117). This timeline (sometimes called the "washout period") determines whether the state will consider a current DUI offense as a first-time incident or a repeat offense.

Per the law, repeating a DUI one or more times within a 10-year period enhances the offender's punishment. This window is calculated from the date of a previous DUI arrest to the date of the current DUI arrest, rather than by the conviction dates, and the state may look at prior out-of-state drunk/impaired driving offenses.

What are Aggravating Factors in a Second DUI?

When referring to criminal offenses like a DUI, aggravating factors are the specific conditions or circumstances that occur at the time of an offense that would prompt sentence enhancements, such as considerable fines, extended incarceration, and license revocation.

For a second DUI in California, these constitute aggravating factors:

• Refusing to submit to a chemical test (Cal. Veh. Code § 23577)
• A BAC of 0.15% or greater (Cal. Veh. Code § 23578)
• Having a suspended driver's license at the time of the offense
• Causing an accident, regardless of whether someone was severely injured or killed as a result
• A minor passenger under 14 years old (also referred to as child endangerment under Cal. Pen. Code 273a) or a particularly vulnerable victim
• Being an underage driver
• Excessive speeding (Cal. Veh. Code § 23582)

What Happens If You Get a 2nd DUI in California

California courts, prosecutors, and the State Department of Motor Vehicles (DMV) are statutorily required to increase punishment for second DUI offenses. Although specific penalties vary on a case-by-case basis, as well as the county where charged/convicted, the following are commonplace per Cal. Veh. Code §§ 23530 - 23598:

If the Court Imposes a Sentence with No Probation

• 90 days to 12 months in jail
• $390 to $1,000 in fines + penalty assessments
• Driver's license suspension for 24 months (two years)
• Surrender license to the court
• Ignition Interlock Device (IID) for one year

If the Court Imposes a Sentence with Probation

• 96 hours (minimum of 48 hours served consecutively) or 10 days to 12 months in jail
• Three to five years of unsupervised probation
• Probation revocation fine ($100 to $1,000) suspended
• $390 to $1,000 in fines + penalty assessments
• Mandatory drug/alcohol program for 18 or 30 months
• Driver's license suspension for 24 months (two years)
• Surrender license to the court
• Ignition Interlock Device (IID) for one year

Where the DUI causes a serious injury or death, the defendant will face increased penalties and may be sued in civil court.

How Long Does a Second DUI Stay On Your Record in California?

A second DUI stays on a person's driving record forever. Such records are not permanently deleted or erased from the California DMV's internal databases or files. However, the DMV ceases reporting the offense to the public after 10 years from the violation date (Cal. Veh. Code §§ 1807 and 1808).

Similarly, a second DUI is a permanent criminal record, which can impact one's employment/housing opportunities and social standing. However, state law permits record clearing or expungement for eligible DUI arrests or convictions (for example, when someone convicted of a misdemeanor DUI completes their probation requirements).

How Much Does a Second DUI Cost in California

The total sum payable upon a second DUI in California varies by case and locality but is especially higher if the case involves aggravating circumstances. The state imposes a $390 to $1,000 base fine for second DUI offenses, but defendants are subject to other assessments and costs, including:

• Mandatory penalty assessments (accompanying court surcharges and added fines/fees), which can raise the total by over $2,000
• Costs for a court-approved DUI education program
• Financial compensation to the victim(s) in injury-related DUI offenses
• Costs to install an Ignition Interlock Device
• Costs to obtain and maintain a higher-risk insurance premium
• Attorney fees (if legally represented)
• Bail costs (if arrested for a bailable offense)
• Storage fees (if the defendant's vehicle was towed or impounded)
• License reinstatement fee (may cost $100 or $125), etc.

Overall, the sum typically runs into some considerable thousands.

Chances of Going to Jail for a Second DUI in California

California's legislature mandates jail time for a second DUI conviction. The specific length of imprisonment depends on the class of the offense, the presence of aggravating factors, and the court's stance on probation. Altogether, the jail sentence for a second DUI ranges from 96 hours to 365 days.

Driver's License Suspension for a Second DUI in California

Per California's Administrative Per Se (APS) law, the Department of Motor Vehicles is mandated to immediately suspend/revoke the driving privilege of persons arrested for a DUI in California in the following circumstances:

• A BAC of 0.08% or greater while driving a non-commercial vehicle, 0.04% while driving a commercial vehicle, or 0.01% while on DUI probation.
• Refusing or failing a chemical test to ascertain BAC level.

A second DUI results in a mandatory one-year APS license suspension (see other suspension periods), which is separate from any court sanctions and may be contested by the arrestee. The DMV can also automatically set aside the APS action if it finds no basis for the suspension or revocation. More details are provided on the DMV's website.

A second DUI conviction leads to a mandatory two-year license suspension (non-injury) or three-year revocation (injury), with a license surrender to the court required (Cal. Veh. Code § 13550). This suspension or revocation may run concurrently with the APS suspension.

Notwithstanding, a restricted license or ignition interlock may be available for work commute if the offender presents no safety risk.

Ignition Interlock Device Requirement

An Ignition Interlock Device is a mandatory requirement for persons convicted of a second DUI. The installation timeline is one year for non-injury offenses and two years for injury or vehicular manslaughter offenses.

To apply for this restricted license, offenders will need to:

• Visit a DMV office (an appointment is recommended)
• Provide evidence of enrollment in a DUI program
• Provide a California Insurance Proof Certificate (SR-22).
• Provide evidence of IID installation (DL 920) on the vehicle they operate
• Pay a $55 reissue fee, a $15 restriction fee, and administrative service fees

Completing the mandatory IID installation term is necessary to reinstate one's full driving privileges in California. However, exemptions may apply to out-of-state residents, persons with medical conditions preventing IID use, or non-vehicle owners.

DUI School and Substance Abuse Treatment

In California, second DUI offenders must complete an 18- or 30-month multiple offender alcohol/drug program, depending on the type of offense. This DUI program, offered at the county level, is licensed and monitored by the Department of Health Care Services (DHCS) and aims to prevent repeat offenses and address substance use issues through counseling, education, reentry monitoring, and regular individual interviews.

California DUI programs/schools do not include substance use evaluations and treatment or other supportive programming, but courts may mandate them as part of probation to promote rehabilitation.

Probation Conditions

A second DUI conviction carries a potential three- to five-year probation in California. During this period, the court will set specific terms/conditions for the offender. Violations can lead to probation revocation and the imposition of suspended penalties, like jail time.

DUI probation terms or conditions in California may include:

• Unannounced compliance sweeps/checks
• Random chemical testing
• Regular meetings with a probation officer
• Participation in substance use treatment programs
• Abstinence from alcohol and drugs.
• Completion of a DUI education class/program
• Ignition Interlock Device installation

Community Service Requirements

Upon a second DUI in California, community service may be assessed instead of fines or jail time, or added to a defendant's formal probation or sentence. The precise number of required service hours varies by case, ranging from 100 to 240 hours.

As part of a defendant's community service, they may be required to volunteer at local charities or nonprofits (food banks, thrift stores, local libraries), complete their service at a court-approved agency, or engage in city/county public works (like trash collection).

Impact on Auto Insurance

A second DUI in California results in a high-risk insurance status, potentially increasing rates or causing policy issues.

Additionally, offenders will need to file proof of financial responsibility (SR-22) with the DMV for license reinstatement or to obtain a restricted license. The SR-22, while not an actual type of insurance, proves that a driver meets the state's minimum auto liability insurance coverage. However, it is more expensive than an insurance policy, not offered by many insurers, and is required for three years after a second DUI.

Which Courts Handle DUI Cases in California?

The Superior Court of California, based in the county where a DUI offense occurred, adjudicates the resulting case, whether the offense is tried as a felony or misdemeanor.

According to independent reports, courts in larger cities, like Sacramento, Los Angeles, San Jose, Oakland, and San Diego, often process more DUI cases annually. The Find Your Court tool, available on the California Judiciary's website, can be used to locate the contact/address information of these and other California courts.

While the courts oversee legal resolutions of DUIs, including imposing criminal sentences and fines, the Department of Motor Vehicles (seefield offices and service locations/offices) oversees administrative sanctions for DUI offenses per Cal. Veh. Code §§ 13350 - 13392.

California Department of Motor Vehicles
DMV Headquarters
2415 1st Avenue
Sacramento, CA 95818
Phone: (Customer Service): (800) 777-0133; TTY: (800) 368-4327

Can You Get a DUI on a Horse in California?

Yes. Under Cal. Veh. Code § 21050, every person riding or driving an animal (e.g., horse) on a highway while intoxicated can be charged with a DUI in the same way as any person driving a vehicle while inebriated.