What are the penalties for a second time DUI in California?

When convicted of driving under the influence for a second time in California, the penalties typically imposed by the court are as follows5 : Three to five years of summary probation A minimum of 96 hours to a maximum of one year in a county jail Between $390-$1,000 in fines plus roughly an additional $1000 in penalty assessments Completion of an 18-month or 30-month court-approved California DUI school Installation of an ignition interlock device (IID), usually for a year A two-year driver's license suspension that, after twelve months, may be converted to a restricted license; alternatively, the defendant may get an IID restricted license right away that permits the defendant to drive anywhere as long as an IID is installed

Will I lose my license?

The California Department of Motor Vehicles is the only authority that can or will suspend a California driver's license and/or give restricted licenses ("RS"). However, there are two separate ways to trigger the imposition of a license suspension by the DMV. A suspension triggered as a result of a DUI California court conviction under VC 23152 (a) or (b). A suspension triggered by failing to request a DMV hearing within 10 days of the date of the arrest or by losing DMV hearing. This is called an Administrative Per Se or APS Suspension.

Will I have a permanent criminal record?

Although certainly disappointing, a second time DUI conviction may be removed from your permanent criminal record. This may be done by getting an expungement. You should be able to expunge your California DUI conviction, so long as: you were placed on probation9 and you successfully completed probation.

Drivers License Suspension for a 2nd-Time DUI in California

A 2nd-time DUI conviction in California triggers a two-year driver’s license suspension. However, the DMV usually lets you continue driving with an ignition interlock device (IID) in your vehicles.

You can avoid getting your license suspended if you can win both your:

Criminal case and
DMV hearing.

The following chart summarizes the license suspension periods in DUI-2nd and other drunk driving cases.

CALIFORNIA LICENSE SUSPENSIONS	First offense in 10 years	Second offense in 10 years	Third offense in 10 years
DUI conviction	6 months*	2 years^	3 years^
Chemical test refusal	1 year	2 years	3 years
Underage DUI (BAC < .08%)	1 year	1 year	1 year
* If your BAC is .15% or higher, the judge can impose a longer suspension. If you win your criminal case but lose your DMV hearing, then the suspension is only 4 months.
^ If your BAC is .15% or higher, the judge can impose a longer suspension. If you win your criminal case but lose your DMV hearing, then the suspension is only 1 year.

In the article below, our California DUI lawyers will address:

For more information, see our pages on First-Time DUI & Driver’s License Suspensions and Third-Time DUI & Driver’s License Suspensions.¹

In a court-triggered license suspension, the court notifies the DMV and the DMV imposes the suspension.

1. Court-Triggered License Suspensions

A second DUI conviction in 10 years carries a two-year license suspension in California.² (It does not matter if your prior case was for a DUI or a wet reckless.³)

Note that the criminal court judge does not directly suspend your license; instead, they notify the DMV to do it. Fortunately, you can usually continue driving anywhere during your license suspension if you have an IID installed in your cars.

Note that you can avoid a court-triggered license suspension if you get your DUI charge pleaded down to a wet reckless. You can also avoid a suspension if you go to trial, and it results in a:

mistrial,
hung jury or
“not guilty” verdict.

2. Administrative License Suspensions

Immediately after being arrested on a second time DUI offense, you will be given ten days to request a DMV administrative hearing from the California DMV.

By requesting a hearing, you put a temporary delay on your license suspension. If you do not request a hearing, your license will be suspended 31 days after your arrest.

The purpose of the DMV hearing – which is like a mini-trial – is for the state to determine if you drove with an illegal blood alcohol content of .08% or higher. If they find you did, the DMV will suspend your license for one year.⁴

If you lose both your:

DVM hearing (which carries a one-year suspension) and
criminal court case (which carries a two-year suspension),

the dual suspensions will run concurrently. This means your license will be suspended for a total of two years, not three.

As discussed above, you should be able to continue driving during the suspension period with an IID.

The Court and DMV proceedings are independent of each other.

3. Court vs. DMV Cases

Each California drunk driving arrest opens two entirely separate cases. Your DMV case concerns your driving privileges only. Your criminal case is more far-reaching and could result in jail, fines, and DUI School.

Some other important distinctions between the DMV and criminal court process include:

You can ignore your DMV case as long as you do not mind getting a license suspension. In contrast, if you (or your attorney) fail to show up to criminal court, a warrant will issue for your arrest.
You can still lose your criminal case even if you win the DMV hearing. Though if your criminal case gets dismissed due to insufficient evidence, you may be able to get your DMV case dismissed (set aside) as well.
If your DUI charge gets reduced to reckless driving in criminal court, it will have no effect on your DMV case: Your license can still be suspended.⁵

4. IID Restricted License

IIDs are breathalyzers that disable your car if your breath sample has alcohol. If your license is suspended due to driving under the influence, you can usually drive anywhere without restriction with an IID.

IIDs are not cheap or easy to obtain: You have to:

purchase SR22 insurance,
finish DUI school, and
pay all the required fees to get an IID restricted license.

For a second-time DUI in California, you are required to keep an IID in your car for one year.

Additional Resources

For more information, refer to the following:

Alcoholics Anonymous – 12-step program for overcoming alcoholism.
Drunk Driving Overview – NHTSA page on drunk driving statistics and prevention.
Impaired Driving: Get the Facts – CDC fact sheet on impaired driving.
Driving Under the Influence (DUI) – California DMV page on driver license suspension for DUIs.
MADD – Non-profit organization devoted to stopping drunk driving.

Legal References:

California DUIs are “priorable” offenses. This means that the punishment increases with each consecutive drunk driving conviction that takes place within a ten-year period.
This ten-year timeframe is otherwise known as a “washout” or “lookback” period and also includes (1) California “wet” reckless, convictions, and (2) out-of-state convictions that, if committed in California, would constitute a DUI. See California Vehicle Code 23622.
Pursuant to California Vehicle Code 23103.5, a wet reckless is a reckless driving that functions as a prior DUI on your record. If you sustain a wet reckless conviction, and get charged with a subsequent DUI during the following 10 years, courts treat the new DUI charge as a second offense when imposing DUI penalties in California. California Vehicle Code 23103 defines reckless driving. If, after being charged with a DUI, you plead guilty or no contest to this charge, it is referred to as a dry reckless, as opposed to a “wet” reckless. California Vehicle Code 23109(c) exhibition of speed or “speed ex” is a charge that is commonly bargained for during DUI plea bargaining. Although it has nothing to do with DUI per se, it acts as a signal to other prosecutors and law enforcements officers that you were initially arrested for a DUI.
California Vehicle Code 13353.2.
California Vehicle Code 23540.

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