If you are facing your second DUI, you are probably somewhat familiar with the process and the punishments. Don’t give up on your case, as you may have defenses and arguments that can get the charges dismissed or reduced. This article is to give you an idea of what consequences you are facing if your defenses are not successful to help you understand the worst case scenario, and it assumes you are 21 or over.
Driving Consequences
- Suspended License: The DMV will automatically suspend your license for a year on a second DUI. You could have your licenses suspended for up to 2 years. The court suspension is two years, which can be run concurrently with the DMV suspension. It’s possible to apply for a restricted license after three months of DMV suspension.
- You need to request a hearing with the DMV within 10 days if you want to dispute the DMV suspension.
- Interlock Device: The judge can order you to get an interlock device on your vehicle, which measures your breath alcohol every time you drive.
- SR-22 Insurance. If you don’t win the DMV hearing or don’t dispute it, and your license is suspended, you will need to get a special type of automobile insurance called SR-22 insurance for three years.
Court Ordered Counseling and Probation
- 18 Month Programs: If this is your second conviction in 10 years, you will likely be ordered to complete an 18 month program. For a third offense, you would typically be looking at a 30 month program. You may also be ordered to attend AA, or Mother’s Against Drunk Driving (MADD) or other programs.
- Probation: Probation is typically 3-5 years.
Jail Time – Max is 1 year
- Jail Time: Minimum of 96 hours in county jail, and maximum of one year jail time.
Financial Consequences
- Fines, penalties and costs. The court at its discretion will impose a fine of between $1800- $2700. Additionally, you will likely incur costs of defense attorney, costs for counseling, interlock device, and SR-22 insurance. The total cost can be very expensive, but consult with your attorney for an estimate of total costs.
