Law Firm of Aaron Bortel

What Are the Consequences for a Second Offense?

Interviewer: So what about for second offenses on up? What are the penalties if you lose this hearing?

Aaron: On a second offense, it gets a little complicated. Actually, I should say it gets a lot complicated. In California, they’ve changed the laws recently. It used to be that on a second offense, you would have a two-year suspension, but after one year of no driving, you could get an interlock license or you could have a restricted license with the interlock.

Now, they’ve changed the rules so that if you get a second offense DUI within 10 years, you are forced to go with at least three months of no driving, then you can get a license with an ignition interlock for the next 21 months. So those two years becomes three months of no driving, followed by 21 months of interlock driving.

However – and this is something that can nullify that – if you’re still on probation for your first offense, and depending on what county and what your penalty was for your first offense, sometimes they are four or five, but most are three year probations, and if you get that DUI within three years, then you’ve violated the zero tolerance laws and you’re looking one year of no driving.

So, those three months go out the window and you’re still looking at one year if it’s a second offense that has been recent – within the period of probation prior.

By Aaron Bortel

Aaron Bortel

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