Second-Offense DUI: What You Need to Know
A second DUI offense in California is a serious matter with harsher penalties, higher fines, and stricter court conditions than a first offense. At Walia Law Firm, we understand the fear and uncertainty that come with a repeat DUI charge - and we're here to help you protect your future with coordinated DMV hearing representation, sentencing planning, and a rapid response consultation.
Understanding a Second DUI Offense in California
A second DUI within 10 years of a prior conviction is still typically charged as a misdemeanor under Vehicle Code §23152(a) and §23152(b), but the court treats it far more seriously.
You may face increased jail time, longer license suspension, and a mandatory Ignition Interlock Device (IID). Aggravating factors like high BAC or injury allegations can escalate the case further.
Penalties for a Second-Offense DUI in California
| Penalty Type | Typical Range (Second Offense) |
|---|---|
| Fines & Court Costs | $2,000 – $3,500 (total) |
| Driver's License Suspension | 2 years (restricted license may be possible with IID) |
| DUI School | 18 or 30 months |
| Probation | 3–5 years (informal) |
| Jail Time | 96 hours to 1 year (varies by county) |
| Ignition Interlock Device (IID) | Required for at least 12 months |
Common Defenses for a Second DUI
Even with a prior DUI, a strong defense strategy can significantly impact your outcome. Our experienced team at Walia Law Firm examines every aspect of your case, including:
- Faulty chemical or breath test equipment
- Unlawful traffic stop
- Violation of Miranda or constitutional rights
- Medical conditions affecting test results
- Inaccurate prior conviction records
We work to have charges reduced, dismissed, or negotiated for alternative sentencing such as electronic monitoring or rehabilitation programs.
Second DUI and Your Driver's License
The DMV administrative process runs separately from your criminal case. Upon arrest, your license will be suspended unless you request a DMV hearing within 10 days. Our team handles both DMV hearings and court appearances to protect your driving privileges, coordinating with the license suspension roadmap and IID requirements.
Immediate Steps After a Second DUI Arrest
- Contact an experienced DUI defense attorney immediately.
- Request the DMV hearing within 10 days to contest license suspension—follow the DMV deadline checklist.
- Preserve all paperwork, including citation and DMV notices.
- Do not discuss your case with anyone besides your attorney.
- Consider immediate enrollment in DUI programs or SCRAM monitoring if recommended by counsel to support plea negotiations.
- Schedule a free DUI case evaluation so we can prioritize motions and DMV advocacy.
Why Choose Walia Law Firm
With more than 20 years of criminal defense experience, Attorney Ginny Walia has successfully defended numerous repeat DUI offenders throughout the San Francisco Bay Area.
- Proven results in DUI and criminal defense for first and multiple offenses
- Deep familiarity with local Bay Area courts
- Aggressive defense and strategic negotiation
- Compassionate, judgment-free support with 24/7 access via our free consultation
Areas We Serve
We represent clients in:
- Counties: Alameda, Contra Costa, Santa Clara, San Mateo, San Francisco
- Cities: Fremont, Oakland, San Jose, Hayward, Redwood City, Pleasanton, Walnut Creek, and more.
