How Is a 2nd DUI Different from a 1st or 3rd?

How are consequent DUIs Different from each other?

Getting convicted for a DUI is never a good thing, but subsequent offenses can damage your reputation and cause financial losses that you likely want to avoid. If you’re wondering how these three differ from each other, you have come to the right place. 

California First Time DUI Offense

A first offense DUI in California is classified as a misdemeanor, punishable by 3 to 5 years of probation, $390 to $1000 in fines, and the installation of an ignition interlock device.

Some of the other consequences of a first-time DUI conviction under the law of the state of California include: 

• DUI school for anywhere between 3 to 9 months.
• Fines and penalty assessments between $1,500 to $2,000. 
• Six months driver’s license suspension. 
• Up to six months in jail (differs by county)

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California Second Time DUI Offense 

You can likely determine that second-time offenders are treated differently from first-time offenders and that punishments are far more severe. 

Should you be convicted of driving while under the influence for the second time in the state of California, the penalties the court can impose are the following: 

• Three to five years of summary probation.
• Anywhere from 96 hours to a year of mandatory jail time.
• Fines between $390 to $1000 with an additional $1000 in penalty assessments.
• Attendance and completion of an 18-month or 30-month court-approved California DUI school. 
• Installation of an ignition interlock device, typically for a year.
• A suspension of your drivers' license that can be converted to a restricted license after twelve months.

It’s important to mention that the punishment for a second-time DUI offense varies from county to county and ultimately depends on each case's particular details. 

‍How a Second-time DUI differs from a First or a Third DUI Offense? 

As you’ve already seen, a second-time DUI offense is significantly more severe than a 1st DUI charge but not as severe as a 3rd DUI charge. For a 2nd DUI, you have to serve more jail time than for a first-time offense, and the fines you need to pay are more significant but not as severe as the ones you get for a third-time offense. 

With that said, even a second-time offense can lead to severe punishment if an accident occurred while you were driving under the influence. If an accident occurs and a second crime is committed, even a first-time DUI offense can be more harshly punished than a third-time offense that happened without any accidents occurring.

Essentially, the punishment you will get for a DUI charge largely depends on the details of your specific case. That’s why, if you get arrested for a DUI, the first thing you have to do is speak with a lawyer in your area. From there, they will be able to help you navigate the process. For those in California contact us at the H Law Group.

California Third Time DUI Offense 

In a ten-year period, a third-time DUI conviction is still classified as a misdemeanor in California. However, it carries the following penalties, some of which are similar to a 2nd DUI: 

• 3 to 5 years of informal probation
• 120 days to up to one year in a county jail
• Between $2,500 to $3,000 in fines and various penalty assessments
• The fitment of a car ignition interlock device for two years.
• 30-month court-approved DUI California education program
• 3-year driver’s license revocation, which can become restricted after 18 months. 

Interestingly, you should note that probation always has these three conditions: 

• Driving with no measurable amount of illicit substances like alcohol in your blood.
• Agreeing to do a chemical test if arrested for a DUI
• Committing no other crimes 

Depending on the circumstances surrounding the case, offenders may also have to: 

• Attend AA (Alcoholics Anonymous) or NA (Narcotics Anonymous) meetings.
• Pay restitution.
• Participate in a Mothers Against Drunk Driving victim impact panel.

A third DUI offense always carries harsher penalties than a second or first-time DUI case. 

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Do I need an Attorney for a Third Time DUI?

Dealing with a third-time DUI can be extremely stressful and costly. Depending upon the factors surrounding the case, a DUI charge in California may result in a jail sentence of 120 days to a year and fines between $390 and $1,000. While categorized as a misdemeanor (as long as no major injuries occurred), due to being a third-time DUI offense, the court is less likely to be lenient.  

That’s why having an experienced criminal defense attorney on your side can make all the difference. They can work with you to ensure you receive the right representation. An experienced attorney can employ different strategies that can: 

• Reduce charges. 
• Help you avoid jail time. 
• Dismiss the case altogether. 

By negotiating the charges, a third time DUI may be reduced to: 

• Wet reckless. 
• Dry reckless. 
• Exhibition of Speed or “Speed Ex”. 

All three reduced charges can help a defendant avoid a mandatory license suspension, jail time, shorter probation periods, and lesser penalties. Other negotiation strategies that can reduce/lessen the penalties of a third time DUI include: 

• Attending AA, NA, or Mothers Against Drunk Driving (MADD) meetings. 
• Probation or house arrest in lieu of county jail time. 
• A work furlough program. 
• Attending alcohol/drug treatment programs such as rehab. 
• Paying certain fees. 
• Having an interlock device in the vehicle. 

In addition to negotiating reduced charges or less severe penalties, an attorney can argue the case altogether resulting in a dismissal. Depending upon the situation, some arguments an experienced criminal defense attorney can make include: 

• If the officer had no reasonable cause or suspicion in conducting a traffic stop/making the arrest. 
• The breathalyzer used to conduct the test was defective or if the standardized field sobriety tests were improperly handled. 
• If blood samples were taken, the possibility that the samples were contaminated. 
• If the defendant had recent dental work done that may have caused alcohol to remain trapped in cavities or dental pits, causing an inaccurate reading. 
• A medical episode is improperly interpreted as intoxication. 
• Certain medical conditions like acid reflux or GERD triggering a misreading. 

While a misdemeanor, a third time DUI can carry serious ramifications, and if you receive four DUI’s in the span of 10 years in California then you will be facing a felony. Paired with jail time, hefty penalties, and a criminal record that may affect aspects of your life such as employment and renting, having an attorney from the H Law Group on your side is crucial. 

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