A second DUI in California within 10 years of your first is still usually a misdemeanor, but the penalties jump sharply. The biggest change is that jail time is no longer just a possibility. The law sets a mandatory minimum.
Here's what a second DUI conviction generally carries:
- Jail: a mandatory minimum of 96 hours, with exposure up to 1 year in county jail
- Fines: base fines similar to a first offense, but again driven much higher by assessments and fees
- Probation: typically 3 to 5 years of informal probation
- DUI school: the longer 18-month or 30-month alcohol program, not the short course
- License suspension: a significantly longer suspension than a first offense, often around two years, with the possibility of a restricted license
- Ignition interlock: an IID requirement to get driving again
The 10-year window is key. California counts prior DUIs, and certain reductions like a wet reckless, going back 10 years. A DUI from 11 years ago generally won't count as a prior, which is one reason the exact dates on your record matter so much.
A second DUI is serious, but it's still very defensible. Weak stops, faulty breath results, and testing problems are just as real on a second case as a first, and a strong challenge can sometimes bring the charge down.
Our second DUI page covers strategy, and what is the DUI washout period explains how priors are counted.
Facing a second DUI? Call (858) 622-7280 or visit our contact page.
This is general information, not legal advice, and every case is different.