Northern California DUI Attorneys | CA Drunk Driving Laws | San Francisco Bay Area DUI Lawyers

Northern California DUI
Northern California DUI Lawyer California DUI DUI News Police Evidence About Northern California DUI Attorneys Contact DUI Lawyers Drunk Driving Attorney

Introduction

DUI FAQ

DUI Arrest

DUI Tips

Criminal Case

Defending a DUI

DUI Penalties

Felony DUI

What is a DWI

DUI Laws

DMV FAQ

DMV Hearing

Why Hire an Attorney

Criminal Record

Insurance After a DUI

DUI Glossary


California DUI

Second DUI

California Vehicle Code §23540

  1. Punishment If any person is convicted of a violation of §23152 and the offense occurred within seven years of a separate violation of §23103, as specified in §23103.5, 23152, or 23153, which resulted in a conviction, that person shall be punished by imprisonment in the county jail for not less than 90 days nor more than one year and by a fine of not less than three hundred ninety dollars ($390) nor more than one thousand dollars ($1,000).
  2. The person's privilege to operate a motor vehicle shall be suspended by the Department of Motor Vehicles pursuant to paragraph (3) of subdivision (a) of §13352. The court shall require the person to surrender the driver's license to the court in accordance with §13550.

California Vehicle Code §23542
Conditions of Probation for Second Time Offense

If the court grants probation to any person punished under §23540, in addition to the provisions of §23600 and any other terms and conditions imposed by the court, the court shall impose as conditions of probation that the person be subject to either subdivision (a) or (b), as follows:

  1. Be confined in the county jail for at least 10 days but not more than one year, and pay a fine of at least three hundred ninety dollars ($390), but not more than one thousand dollars ($1,000). The person's privilege to operate a motor vehicle shall be suspended by the Department of Motor Vehicles pursuant to paragraph (3) of subdivision (a) of §13352. The court shall require the person to surrender the driver's license to the court in accordance with §13550.
  2. All of the following:
    1. Be confined in the county jail for at least 96 hours, but not more than one year. A sentence of 96 hours of confinement shall be served in two increments consisting of a continuous 48 hours each. The two 48-hour increments may be served nonconsecutively.
    2. Pay a fine of at least three hundred ninety dollars ($390), but not more than one thousand dollars ($1,000).
    3. Have the privilege to operate a motor vehicle be restricted by the Department of Motor Vehicles pursuant to §13352.5. Until all conditions prescribed in this section are met, the person's driving privilege is suspended pursuant to paragraph (3) of subdivision (a) of §13352. This paragraph does not apply if the offense occurred in a vehicle requiring a driver with a class A or class B driver's license or with an endorsement prescribed in §15278.
    4. Either of the following:
      1. Enroll and participate, for at least 18 months subsequent to the date of the underlying violation and in a manner satisfactory to the court, in a driving-under-the-influence program licensed pursuant to §11836 of the Health and Safety Code, as designated by the court. The person shall complete the entire program subsequent to, and shall not be given any credit for any program activities completed prior to, the date of the current violation. The program shall provide for persons who cannot afford the program fee pursuant to paragraph (2) of subdivision (b) of §11837.4 of the Health and Safety Code in order to enable those persons to participate.
      2. Enroll and participate, for at least 30 months subsequent to the date of the underlying violation and in a manner satisfactory to the court, in a driving-under-the-influence program licensed pursuant to §11836 of the Health and Safety Code. The person shall complete the entire program subsequent to, and shall not be given any credit for any program activities completed prior to, the date of the current violation.
  3. The court shall advise the person at the time of sentencing that the driving privilege shall not be restored until the person has provided proof satisfactory to the Department of Motor Vehicles of successful completion of a driving-under-the-influence program licensed pursuant to §11836 of the Health and Safety Code.

<< Return to DUI Laws

Home > California DUI > DUI Laws > Second DUI



Free DUI Case Evaluation

Fill out the simple form below and we will get back to you with answers to your questions.


Home | California DUI | DUI News | Police Evidence | About Us | Contact Us