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Second DUI Offense Penalties


DUI is a criminal matter (not a traffic offense, e.g. speeding or running a red light).  The penalties for a 2nd DUI offense within a 10 year period are much harsher than those for a 1st offense.  For a misdemeanor offense not involving injury, the statutory minimum penalties for a second offense DUI in Los Angeles include:

  • Summary probation for 4 or 5 years;
  • Minimum 96 hours, maximum 12 months county jail;

  • Fine $390 + penalty assessments – approximately $2,000 (or converted to 3 days jail, 3 days community labor, or 35 hours community service (total hours may vary by court);

  • 18 month alcohol education program (SB38);

  • Mandatory court fees approximately $300 (varies by courthouse);

  • Driver's license suspension of up to 2 years, with immediate eligibility for a restricted license upon installation of an ignition interlock device (*for offense dates prior to 1/1/2019, a 90 day mandatory suspension period must be completed prior to the restricted license being issued). 


However, there are many situations where the prosecutor or court will seek penalties in addition to the minimum ones listed above.  These penalties are most commonly sought if there are aggravating factors, including a very high blood alcohol content result or if there was an accident.  Additional penalties for a second DUI offense in Los Angeles include:

  • Jail time, up to 12 months;
  • Mothers Against Drunk Driving (MADD) – 1 day class;
  • Hospital & Morgue Program (HAM) – 1 day and a half class;
  • Alcoholics Anonymous (AA) meetings (in addition to what is ordered by alcohol program);
  • Community Labor, Cal Trans, or Community Service hours;
  • SCRAM - alcohol monitoring;
  • Electronic home confinement (house arrest)

The penalties for DUI are the same regardless of whether the offense involved alcohol, marijuana, illegal drugs, or prescription drugs.  Any substance that impairs your ability to safely operate a motor vehicle can result in you being arrested and charged with DUI.  Furthermore, if you were also driving on a suspended license at the time the potential consequences are more serious.  Similarly, if you were still on probation for your first DUI offense you will face additional penalties from those listed above.  


If you have been arrested for DUI in Los Angeles it is best to seek representation of an experienced DUI lawyer, especially if this is your second DUI offense. If you have been arrested for DUI in Los Angeles call our office today at (877) 667-1205 or submit our CONTACT form.  Do not delay as  you only have 10 days to request a DMV hearing to prevent the automatic driver's license suspension from taking effect   Berglund Law Office, P.C. specializes in representing individuals facing DUI charges.  DUI lawyer Robert D. Berglund works tirelessly to achieve the best possible outcome for his clients.  CONTACT him today for a free and confidential consultation. 


Our office specializes in representing individuals facing traffic violations. We represent our clients in both court and at DMV hearings. Your case will be handled with the personalized attention and expertise that it deserves.

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There is no charge for the phone consultation. Our office specializes in representing individuals facing traffic violations. Attorney Robert D. Berglund will personally speak with you about your case and provide you with an honest analysis. Contact us today.