San Diego Second DUI Penalties

The worst possible penalty that someone convicted of a typical first time DUI in California can recieve is 6 months in county jail. For a typical second time DUI, the worst sentence is 1 year in county jail. Most people are convicted when they plead guilty. One would think that the sentences given out in each county in California would be the same. This is not the case.

For example, someone convicted of a second DUI in 10 years in Orange County can expect to be sentenced to as much as 6 months in jail. Yes, jail. In Riverside County, custody time is often deemed satisfied by public work or other type of service. In San Diego County, many judges will sentence a person convicted of a second DUI to the mandatory minimum 96 hours in county jail. In San Diego, however, someone who lives within the county and has a full time job may be eligible to do his or her custody time in a private facility at nights, and go to work during his or her work hours.

Another term of probation on a second time DUI will be the 18 month alcohol class. Most counties will also require the defendant to attend a MADD panel, which typicall lasts 1 1/2 to 2 hours. Of course, the fines for a second DUI are hefty–usually totalling less than $2,000, including penalty assessments and other fees and fines.

The term of probation will either be 3 or 5 years, depending not only the county where the case is, but also the specific judge that is hearing the case. Some judges will impose a probation period of 3 years. Others will impose a probation period of 5 years. In San Diego County, one should expect a sentence to include 5 years of probation, even though the conviction was only a misdemeanor, rather than a felony. Most misdemeanors have a 3 year probation period, whereas most felonies carry a 5 year probation period. DUI’s are the exception to the rule.

Remember that if you have been convicted of a second DUI, the California Department of Motor Vehicles will suspend your license for two years. The mandatory suspension will last for 1 full year. If, after the pass of one year, you have completed one year of the 18 month alcohol class, and satisfied a couple other requirements, the DMV will allow you to obtain a restricted license. The restricted license allows you to drive to and from your alcohol class, school, and work. You can see how smart it is to start that 18 month alcohol class right away. The sooner you start it, the sooner you’ll be able to start driving.

It should be clear to you by now that having an attorney that knows the courts in which he or she works can be a substantial benefit to the person charged with a second time DUI. If you have any questions or comments, let me know.