Difference Between A First And Second Time California DUI
This is a good question. You certainly want to avoid getting another one once you get one DUI under California Vehicle Code 23152. If you do, people feel like it's over for them. They hated getting the first DUI and the consequences and responsibilities that came along with that.
Now, the prospect of a second DUI can be daunting. The authorities, legislature, police, and prosecutors treat a second DUI with a more severe stance. They believe that if you've already had one, you should face a harsher punishment for a second offense.
The DUI system is designed to escalate the punishment with each subsequent offense. The more DUIs you accumulate, the harsher the penalties and the more actions are taken against you and your driver's license.
There's a DUI chart that you can probably Google that gives you some information about what happens on a first, second, third, and fourth DUI.
Even for DUI attorneys, the DUI chart can be confusing. That's why it's crucial to seek advice from someone who has experience with first and second DUIs. They can provide valuable insights into how these cases are typically handled.
To give you a feel for it. Usually, the fine is about the same — a $390 fine plus penalty assessment, which generally works its way out to about $2,000, give or take. You can get some of that chopped off if you decide to do community service for it.
Then, you can minimize it significantly. You usually don't get any jail time on a first-time DUI as far as jail time.
On a second DUI, the stakes are significantly higher. You could face a mandatory four days in jail, or up to a year. This is a stark contrast to the potential six months in prison for a first-time offense.
Extended Probation, Alcohol Programs, Suspended License
Some courts have the same probation period: three years. Sometimes, other courts will increase it to five years.
One of the most significant impacts is that instead of doing a three-month alcohol program, which is the usual program for first-time DUIs in Los Angeles, they kick it up to an eighteen-month alcohol program.
Your driver's license is typically suspended for a year on a second-time DUI versus the thirty-day suspension for a first-time DUI. There are ways to get your license back before the year if you install an ignition interlock device in your vehicle and do other things related to your driver's license.
So, there is a big difference. You can be looking at jail time. They're usually giving you something more than ninety-six hours. They're going to be looking at the surrounding circumstances of your DUI — was there an accident?
Were you going very fast? Was there other dangerous activity going on? So, there is a big difference between a first and second-time DUI as your license and your freedom go. You want to get an attorney for a second time DUI.
I often try to prevent a conviction for a second-time DUI because then it doesn't trigger as many of these penalties that I'm mentioning by getting a wet reckless, for example. That would minimize your punishment for a second versus first-time DUI in Los Angeles.