DUI violations are always serious, but a conviction for a 2nd DUI in California can result in time in jail, substantial fines, and long-term license suspension. Prosecutors may have given you a break for your first offense, but you can count on judges and the prosecution to consider your 2nd offense to be an indicator that you are dangerous behind the wheel and need a serious wake-up-call to get on the right path.
At MacGregor & Collins, LLP, we know that people make mistakes and are worthy of a second, third, fourth, or maybe even fifth chance. With over thirty years of experience experience representing those with California DUI cases, we have developed a formula for success that is shared with each and every one of our clients. Let our DUI attorneys in Orange County help you better understand the CVC 23152 penalties that you are facing and help you get on with your life.
2nd DUI Offender Information
CVC 23152 is defined as driving while under the influence of intoxicating drugs or alcohol. Those who commit a DUI two times within a ten year period are faced with a unique set of increased penalties. Those who are arrested for a third DUI offense may also see increased penalties.
Second offenses for DUI apply to out-of-state DUI offenses and/or wet reckless driving convictions.
In order to prosecute for California Vehicle Code 23152, the prosecution must establish the following:
- The defendant was driving while intoxicated
- The defendant’s BAC results were 0.08%, or greater
- The defendant drove while under the influence for the second time in 10 years
Penalties for a 2nd DUI
The penalties or punishments for driving under the influence in California for the second time are determined by an offender’s criminal record, driving record, as well as other factors. It is filed as a misdemeanor and those found guilty can face:
- Up to one year in jail
- Fines of up to $1,000
- Informal probation that could last 5 years
- License suspension of up to 2 years
Those determined to avoid a 2nd DUI offense conviction are encouraged to obtain legal counsel. To take advantage of a free consultation from one of our attorneys, call us at (888) 250-2865 or fill out our contact form. You will receive a confidential case evaluation with no obligation to retain our services.