Penalties for Second DUI

SECOND DUI OFFENSE IN 10 YEARS VEHICLE CODE § 23152

VC §23540 WITHOUT PROBATION
Jail:
90 days to 1 year.
Fine:
$390 to $1,000 plus assessment.
Treatment:
None required; however, DMV will not reinstate license until proof of completion of a treatment program is received at its headquarters. VC § 13352(a)(3).
License:
DMV will impose a 2-year suspension.
VC § 13352(a)(3).
Defendant must surrender license to court.
NOTE:
The defendant may seek a restricted license from the DMV if certain requirements are met, including completion of at least 12 months of the suspension period, submitting proof of enrollment or completion of a treatment program, proof of financial responsibility, and payment of specified fees. VC § 13352.5. However, if the court determines that the person would present a traffic safety or public safety risk if authorized to drive during the suspension period, the court may disallow the issuance of a restricted license. VC § 23540(b).VC §23578; In addition to any other provision of this code, if a person is convicted of a violation of Section 23152 or 23153, the court shall consider a concentration of alcohol in the person’s blood of 0.15 percent or more, by weight, or the refusal of the person to take a chemical test, as a special factor that may justify enhancing the penalties in sentencing, in determining whether to grant probation, and, if probation is granted, in determining additional or enhanced terms and conditions of probation.
VC §23540 WITH PROBATION (See also, VC § 23600)
Jail:
10 days to 1 year, or 96 hours to 1 year (96-hour term must be served in two continuous 48-hour periods; 96 hours required if refusal to submit to test VC § 23577).
Fine:
$390 to $1,000 plus assessment.
Treatment:
Completion of an 18 (or 30) month treatment program. The court must advise the defendant that the driving privilege will not be restored until proof of successful completion of a program is received at the DMV’s headquarters.
License:
DMV will impose a 2-year suspension.
VC § 13352(a)(3).
Defendant must surrender license to court.
NOTE:
The defendant may seek a restricted license from the DMV if certain requirements are met, including completion of at least 12 months of the SB 38 Program, proof of financial responsibility, and payment of specified fees. VC § 13352.5. However, if the court determines that the person would present a traffic safety or public safety risk if authorized to drive during the suspension period, the court may disallow the issuance of a restricted license. VC § 23540(b).
Miscellaneous Penalties
Restitution:
Restitution fine of $100 – $1,000 and restitution to victim(s) or Restitution Fund. PC § 1202.4.
Impound:
Must order the vehicle impounded for up to 30 days if the offense occurred within 5 years of a prior DUI conviction, unless “interests of justice” exception is found. (Defendant must be the registered owner of the vehicle used in the offense.) VC § 23594.
Ignition Lock Device:
May order installation of an ignition interlock device as a condition of probation. VC § 23575(1). (Note – DMV will notify the defendant of the possibility of requesting an lID to get a restricted license after 12 months of the suspension period. See VC § 13352(a)(3).)
Enhancements
Refusal:
96 hours in county jail, whether or not probation is imposed. VC §23577. In addition, the DMV will prohibit a driver of a commercial vehicle from operating a commercial vehicle for one year upon a first refusal, or ever again for a second or subsequent refusal. VC § §15300(a)(9), 15302(i).
Commercial Vehicle:
The DMV will prohibit a driver of a commercial vehicle from operating a commercial vehicle ever again if he or she is convicted of a second or subsequent DUI violation. VC § 15302(a) and (b).
Defendant
(13-21 yrs):
The court shall order an additional1-year suspension or delay in issuance of license. Exception based on critical need to drive. VC §13202.5.
Defendant
(under 18 yrs):
DMV shall revoke license (a) until person turns 18, (b) for one year, or (c) for the duration of any restriction, suspension, or revocation as specified in VC
§ 13352(a), whichever is longer. ye § 13352.3.
Minor
Passenger
(under 14 yrs):
10 days in county jail, whether or
not probation is imposed. VC §23572.
Excessive Speed:
Additional and consecutive 60 days in jail if defendant’s speed exceeds the posted speed limit by 30 or more miles per hour on a freeway, or 20 or more
miles per hour on any other street or highway and the driving is reckless under VC § 23103. Treatment program is required if probation is not granted. VC § 23582.
Prior Felony Conviction(s):
Driver’s license will be revoked by the DMV for four years pursuant to VC § 23550,5 if any prior felony convictions are for a violation of VC §23152, 23153 or PC § 191.5 or 192(c)(1) or (3) within 10 years.
Prior DUI Conviction
More than 10 Years Ago, or
PC § 647(f)
Conviction
Defendant must be ordered into an alcohol or drug problem assessment program. VC § 23646(b)(3)(A).

SECOND DUI OFFENSE WITH INJURIES IN 10 YEARS VEHICLE CODE § 23153

VC §23560 WITHOUT PROBATION
Felony:
16 months or 2 or 3 years in state
prison. PC§ 18.
Misdemeanor:
120 days to 1 year in county jail.
Fine:
$390 to $5,000 plus assessment.
Treatment:
None required; however, DMV will not reinstate license until proof of completion of a treatment program is received at its headquarters. VC § 13352(a)(3).
License:
DMV will impose a 3-year suspension.
VC § 13352(a)(4).
Defendant must surrender license to court.
VC §23562 WITH PROBATION (See also, VC § 23600)
OPTION A:
Jail:
A minimum of 120 days.
Fine:
$390 to $5,000 plus assessment.
Treatment:
None required; however, DMV will not reinstate license until proof of completion of a treatment program is received at its headquarters. VC §13352(a)(4).
License:
DMV will impose a 3-year revocation.
VC § 13352(a)(4).
Defendant must surrender license to court.
OPTION B:
Jail:
30 days to 1 year.
Fine:
$390 to $1,000 plus assessment.
Treatment:
Completion of an 18 (or 30)-month treatment program. The court must advise the defendant that the driving privilege will not be restored until proof of successful completion of a program is received at the DMV’s headquarters.
License:
DMV will impose a 3-year revocation. VC § 13352(a)(4).
Defendant must surrender license to court.
NOTE:
VC §23578: In addition to any other provision of this code, if a person is convicted of a violation of Section 23152 or 23153, the court shall consider a concentration of alcohol in the person’s blood of 0.15 percent or more, by weight, or the refusal of the person to take a chemical test, as a special factor that may justify enhancing the penalties in sentencing, in determining whether to grant probation, and, if probation is granted, in determining additional or enhanced terms and conditions of probation.
Miscellaneous Penalties
Restitution:
Restitution fine of $100 to $1,000 for misdemeanors; $200 to $10,000 for felonies; and restitution to victim(s) or Restitution Fund. PC § 12024.
Impound:
Must order the vehicle impounded for up to 30 days if the offense occurred within 5 years of a prior DUI conviction, unless “interests of justice”
exception is found. (Defendant must be the registered owner of the vehicle used in the offense.) VC § 23594.
Ignition Lock Device:
May order installation of an ignition interlock device as a condition of probation. VC § 23575(1). (Note – DMV will notify the defendant of the possibility of requesting an lID to get a restricted license after 18 months of the suspension period. See VC § 13352(a)(3).)
Enhancements
Refusal:
96 hours in county jail, whether or not probation is imposed. VC §23577. In addition, the DMV will prohibit a driver of a commercial vehicle from operating
a commercial vehicle for one year upon a first refusal, or ever again for a second or subsequent refusal. VC § §15300(a)(9), 15302(i).
Commercial Vehicle:
The DMV will prohibit a driver of a commercial vehicle from operating a commercial vehicle ever again if he or she is convicted of a second or subsequent DUI violation. VC § 15302(c) and (d).
Multiple Victims:
On felony conviction, 1 year in state prison per additional victim, 3- year maximum.
Victim = bodily injury or death. VC § 23558.
Defendant
(13-21 yrs):
The court shall order an additional
1-year suspension or delay in issuance of license. Exception
based on critical need to drive. VC §13202.5.
Defendant
(under 18 yrs):
DMV shall revoke license (a) until person turns 18, (b) for one year, or (c) for the duration of any restriction, suspension, or revocation as specified in VC
§ 13352(a), whichever is longer. ye § 13352.3.
Excessive Speed:
Additional and consecutive 60 days in jail if defendant’s speed exceeds the posted speed limit by 30 or more miles per hour on a freeway, or 20 or more
miles per hour on any other street or highway and the driving is reckless under VC § 23103. Treatment program is required if probation is not granted. VC § 23582.
Prior Felony Conviction(s):
Driver’s license will be revoked by the DMV for four years pursuant to VC § 23550,5 if any prior felony convictions are for a violation of VC §23152, 23153 or PC § 191.5 or 192(c)(1) or (3) within 10 years.
Prior DUI Conviction
More than 10 Years Ago, or
PC § 647(f)
Conviction
Defendant must be ordered into an
alcohol or drug problem assessment program.
VC § 23646(b)(3)(A).

 

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