Will I Go to Jail for a Second DUI?
If you are convicted of a second time DUI in California, your sentence will include 4 days of jail. For this offense, the law requires judges to sentence you to a mandatory minimum of 96 hours in custody. The DUI will count as your second if you had one other previous DUI conviction within the last ten (10) years. This is true whether your first DUI occurred in California or in another state. If you have two previous DUI convictions, but one of them is from more than 10 years ago, then the prosecutors will only count the prior DUI conviction from less than 10 years ago, making your new DUI conviction only your “second” for purposes of your sentence.
Even though the law requires a minimum of 96 hours in custody on a second DUI, that does not necessarily mean you will go to jail for 96 hours. For example, in Riverside County, even if you are sentenced to “jail,” it is typically understood that you will actually be picking trash up on the side of the road or doing other dirty work, in lieu of spending your time in jail. In Orange County, the typical sentence for a second time DUI ranges from 30 days to 90 days in jail, with the most common sentences being 60 days and 45 days in jail. In other words, if you are convicted of a second DUI in Orange County, you could expect to get 20 times the minimum mandatory jail sentence. In San Diego County, judges frequently only impose the mandatory minimum sentence of 96 hours for a second time DUI.
As you can see, judges in different counties treat a second time DUI very differently. This shows how important it is to make sure you hire a lawyer who is very familiar with the court and the judge that your case is in. At Wallin & Klarich, each of our lawyers handles second time DUI’s in only one county.
If you or someone you love is facing a DUI where you have a prior conviction for DUI, please contact Wallin & Klarich today via phone at (877) 466-5245 or fill out our online consultation form for an evaluation of your criminal case.
