First DUI vs. Second DUI — How Penalties Escalate in California

If you’re charged with a DUI in California, it’s vital to understand that the consequences for a second offense are significantly more severe than for a first. The legal system treats repeat DUI offenders very differently, and even if a decade separates your offenses, a prior DUI can still trigger enhanced penalties. The fact that penalties increase with any subsequent offense means it is critical to get strong and effective legal representation even for a first offense. If you’ve been charged with drinking and driving in Southern California, call the attorneys at the Kosnett Law Firm to speak with an experienced and dedicated  Los Angeles DUI defense attorney.

First DUI: What to Expect

A first-time DUI in California is almost always a misdemeanor. The penalties may feel steep, but they are relatively moderate compared to what comes next. For a first offense, you could face up to six months in county jail, though many judges will suspend jail time if probation is granted.

Fines for a first DUI typically range from $390 to $1,000, not counting court assessments and related costs, which can significantly inflate the total financial burden.

In addition, there’s usually a driver’s license suspension. Criminally, the court can suspend your license for six months, and under DMV (Administrative Per Se) rules, you face a separate immediate suspension even before your court case is resolved.

DUI school is yet another component of a drunk driving conviction. For a first DUI, you’ll typically be required to complete a three- or nine-month alcohol education program, depending on the specifics of your case (such as BAC).

Finally, first-time DUI convictions tend to come with informal (summary) probation, often lasting between three and five years.

Second DUI: Why the Penalties Are Much Harsher

If you get charged with a second DUI within ten years of your first, California law imposes steeply escalated penalties under Vehicle Code § 23540. For many, the prospect of jail time is the most serious consequence of a second DUI. For a second DUI, you face 96 hours (four days) up to one year in county jail, depending on the county and judge. Section 23540 technically requires a minimum 90-day jail term, but if granted probation, then the jail penalty can be lowered to 96 hours per VEH 23542. While many first-offense DUIs avoid jail entirely, a second offense carries more risk of incarceration.

When it comes to fines and assessments, the base fine for a second DUI is the same as for a first: $390 to $1,000. However, when you factor in court fees, penalty assessments, and other costs, the total financial burden can grow substantially.

In addition, the driver’s license suspension for a second DUI is much longer than for a first-time conviction. Under DMV rules, a second-offense DUI within ten years results in a one-year administrative suspension if you refuse or fail a chemical test. If convicted, the court may impose a two-year license suspension,  though you may be eligible for a restricted license if you install an ignition interlock device (IID). For a second DUI, California typically requires an IID for at least one year, giving you the ability to drive but only after you pass a breath check when starting the vehicle.

Education requirements also increase. Instead of the shorter first-offender program, a second DUI generally requires completion of an 18-month or 30-month second-offender DUI program (often called the SB-38 program).

Like a first offense, probation is an option for people convicted of a second DUI, although in this case, probation could last three to five years. During probation, you might be required to attend treatment programs, avoid further criminal behavior, and comply with other court-ordered conditions.

Why the Escalation Matters

California’s law treats DUI offenses as “priorable” within a 10-year window. This means that if your previous DUI happened more than ten years ago, it may not count for purposes of sentencing enhancement for a second offense. But if your prior DUI is within that “washout” or “look-back” window, the harsher penalties for a second offense apply.

The reason for the escalation is straightforward: repeat DUIs pose a greater risk to public safety. Lawmakers and courts expect that someone who has already been convicted for impaired driving and then re-offends may deserve more serious consequences, both as a deterrent and as punishment.

Additional Consequences Beyond Jail and Fines

• Probation Violations: If you violate probation terms (for example, by missing classes or failing to maintain sobriety), you could face revocation and be required to serve the maximum jail time.

• Collateral Costs: Beyond fines, a DUI conviction includes hidden financial burdens you might not be aware of, including the costs of treatment programs, IID installation and monitoring, higher car insurance premiums, and possibly impound and towing fees.

• Long-Term Impacts: A second DUI conviction can also negatively impact employment opportunities, professional licensing, and, in some cases, immigration status. It may also make it harder to expunge or mitigate the conviction in the future.

Why You Need an Experienced DUI Defense Attorney

Given how much more is at stake with a second DUI, having a skilled defense attorney is absolutely critical. An experienced lawyer can:

• Challenge the traffic stop or arrest procedure
• Question the validity of breath or blood test results
• Negotiate for reduced charges (like a “wet reckless”) or better plea terms
• Advocate for alternative sentencing or work‐release instead of significant jail time
• Help you with DMV hearings to minimize license suspensions

At Kosnett Law Firm, our DUI defense attorneys have deep experience with both first and second-offense DUI cases in Los Angeles. We know how to build aggressive defenses and push for the best possible outcomes, whether that means fighting the charges or negotiating a favorable plea.

Contact Kosnett Law Firm for DUI Defense in Los Angeles

While a first DUI in California is serious, a second DUI within ten years is dramatically more consequential. The possibility of jail time, longer license suspension, mandatory ignition interlock devices, and extended DUI education makes it imperative to take these charges seriously.

If you’re facing a second DUI or have prior DUI convictions, don’t leave your future to chance. Contact Kosnett Law Firm today to speak with an experienced criminal defense attorney who can help protect your rights and fight for the best result in your case.