What Happens When You Get a 2nd DUI in California
A 2nd DUI in California is a serious offense, but there are ways to keep your jail time short—or even avoid it altogether.
Written by R.E. Fulton
Reviewed by Kathleen Flear
Table of Contents
- What is a 2nd offense DUI in California?
- What is the punishment for a 2nd DUI in California?
- How much does a 2nd DUI in California cost in the long run?
- How to avoid jail time for a 2nd DUI in California
- How to find affordable car insurance in California after a 2nd DUI
Load full table of contents
If you’re convicted of a 2nd DUI in California within 10 years of a first offense, the potential penalties include a minimum of 96 hours in jail and up to $1,000 in fines. You’ll also face up to five years of probation, 18 months of DUI school, and a two-year license suspension.
The Golden State takes driving under the influence very seriously—especially when it becomes a pattern of repeated dangerous behavior. Getting just one
DUI in California
carries heavy penalties, but repeat offenses within a 10-year “lookback period” result in some serious consequences that include jail time, court-ordered license suspensions, and a required ignition interlock device (IID). If you’re looking at a 2nd DUI conviction in California, it’s important to have a realistic understanding of your situation.
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What is a 2nd offense DUI in California?
- You’re 21 or older and have a blood alcohol content (BAC) of 0.08% or higher
- You’re under 21or on DUI probation and have a BAC of 0.01% or higher
- You have a commercial driver’s license (CDL) and have a BAC of 0.04% or higher
A DUI conviction stays on your record for 10 years in California. If you’re arrested for a DUI within 10 years of a first offense (including out-of-state convictions), your arrest will count as a 2nd DUI in California.
If you’re arrested for a 2nd DUI in California after 10 years have passed since your first offense, the arrest will legally count as a first offense. That’s because the previous arrest or conviction is no longer on your record after 10 years.
Key Takeaway If you’ve been convicted of a DUI within the last 10 years, you can be charged with a 2nd offense DUI in California.
What is the punishment for a 2nd DUI in California?
A 2nd DUI in California carries two types of penalties: administrative penalties, which are imposed by the DMV and automatically follow any DUI arrest, and criminal penalties, which can be assigned by a court following a conviction.
As soon as you’re arrested for a second DUI, the DMV will suspend your California driver’s license. In most cases, the suspension for a 2nd DUI will last for one year if you fail a blood alcohol test—but if you refuse the test, the suspension is doubled to two years.
If you’re convicted of a 2nd DUI in California, the criminal penalties are much more serious. They include:
- 96 hours to one year in jail
- $390 to $1,000 in fines (not including fees and penalty assessments)
- Three to five years on probation
- 18 months of DUI school
- A suspended license for up to two years (including the administrative suspension)
Each of those penalties is up to the discretion of the court that issues the conviction. If your only offense was driving under the influence and your BAC was under 0.15%, you’ve got a better chance of staying on the lower end of those penalties. In some cases, you may even be able to have some or all of your jail time converted into community service, house arrest, or time in rehab.
But in certain circumstances, courts will be inclined to impose harsher penalties. The aggravating factors that can result in steep fines and longer jail sentences for a 2nd California DUI include:
- BAC that is twice the legal limit (i.e. 0.15% or above)
- Refusal to submit to BAC test
- Convicted as a minor
- Driving under the influence with a minor passenger
- Excessive speed at the time of arrest
- Causing accident or injury while under the influence
Key Takeaway The base penalties for a 2nd DUI in California include 96 hours of jail time, a $390 fine, and a one-year license suspension.
How much does a 2nd DUI in California cost in the long run?
Once the dust’s settled on your conviction, you’ll need to live with the consequences of your 2nd DUI. While jail time might seem like the most serious penalty, don’t discount the impact of fines, DUI school, probation, and your mandatory license suspension—plus the ongoing effect a DUI can have on insurance costs.
Taking all these long-term consequences into account, your 2nd offense DUI could cost you over $10,000!
Don’t believe us? Let’s break it down.
Fees, penalty assessments, and DUI school
Although the limit on fines for a 2nd DUI is $1,000, you’re likely to be required to pay as much as $2,000 or more. That’s because you’ll be responsible for fees and penalty assessments on top of the primary fine—and those can add up fast. In addition to your fines, you’ll be responsible for the cost of mandatory DUI school, which is typically around $1,800 for a second offense.
Alternative transportation
After those initial penalties, the costs continue. With your driver's
license suspended
for a minimum of one year following a 2nd DUI in California, you’ll need to rely on alternative transportation. If you’re able to get rides from friends and family or use public transportation, this may not be a major disruption—but the costs of ride services can add up, especially if your limited transportation options cost you work opportunities. Increased car insurance costs
Finally, you can expect your car insurance premium to go up by an average of 80% following any DUI conviction. Apply that to the state average of $2,438 per year, and you’re looking at paying an extra $1,950 every year to maintain just the minimum required insurance as part of
California's car insurance laws
. Let’s add it all up. Taking into account fines, fees, assessments, DUI school, IID costs, and increased insurance premiums, the total five-year cost of a 2nd DUI in California could be as high as $11,020!
How to avoid jail time for a 2nd DUI in California
Unfortunately, a 2nd DUI conviction in California is a driving violation that lands you in jail. While you can't avoid it, it is possible to limit your time and bring down the steep costs of a conviction. Here’s how:
- Hire a defense attorney. Bringing down jail time in a 2nd DUI conviction is difficult, and you’ll need a skilled advocate on your side to navigate this situation.
- Plead guilty to a “wet reckless” charge. This lesser offense carries lighter penalties and can help you avoid jail time.
In theory, jail time is a mandatory penalty for any 2nd-offense DUI in California, if you’re convicted. But a skilled defense attorney can argue that the arresting officer failed to follow the correct procedures and could get the charges dropped.
An alternative to a DUI conviction is a so-called “wet reckless” plea deal, which replaces the DUI charge with a lesser conviction for reckless driving with a note that alcohol or drugs were involved in the offense. Although insurance companies will treat a wet reckless the same as a DUI, the penalties of this conviction are limited to:
- Five to 90 days in jail
- $145 to $1,000 in fines
- Six weeks of DUI school
Unlike a 2nd DUI conviction, a wet reckless conviction doesn’t include any court-ordered license suspension or mandatory IID installation. Although you may still need to serve a short jail sentence, the long-term costs of a wet reckless conviction are significantly reduced.
How to find affordable car insurance in California after a 2nd DUI
Before you can get your license back following a 2nd DUI in California, you’ll need to file an
SR-22 in California
with DMV proving that you have California’s minimum insurance coverage, but that coverage won’t come cheap. That’s because insurance companies label any driver with a DUI on their record as “high-risk”—and repeated offenses only increase the penalties. Once your DUIs age off your record, you may be able to qualify for reduced rates, but until then, finding affordable
car insurance
might feel impossible. The best way to navigate a hostile insurance market after a DUI is with
a qualified insurance broker
on your side—a broker like Jerry
. Jerry isn’t here to judge your past; we’re just here to find you the absolute best coverage at the best rate with your profile. By partnering with over 55 insurers, including local California companies with an understanding of the challenges faced by drivers like you, Jerry can point you in the direction of the policy that gives you the most grace for your past mistakes.
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Is a 2nd DUI a felony in California?
No. A 2nd offense DUI in California is considered a misdemeanor.
Is jail time mandatory for 2nd DUI in California?
In general, a minimum of 96 hours in jail is a mandatory penalty for a 2nd DUI in California. However, it’s possible to get your jail time substituted for house arrest, community labor, or even rehab.
