- You are under 21 and consumed any alcohol
You are over 21 and your blood alcohol content (BAC) is measured at .08 or above – the legal limit You have a commercial driver ’ s license, and your BAC i s at .04 percent or higher in a commercial vehicle such as a truck or bus
- You are showing intoxication due to alcohol, drugs, or any combination of the two
Fines plus penalty assessments totaling approximately $ 2 ,00 0 Informal pr obation Alcohol education classes ranging from 3 – 9 months
- Community service
Installation of an ignition interlock device
- A 6 month license suspension
Up to 6 months in jail depending
What are the penalties for a second DUI?
A second DUI is a misdemeanor offense that can lead to the following penalties:
- 3 to 5 years of summary probation,
- Up to $2,000 in fines and fees,
- Up to 30 months of DUI school,
- Mandatory installation of an Ignition Interlock Device for one year
- A minimum of 96 hours of jail time, with a maximum of one year.
Additionally, the length and severity of the sentence may depend on whether there are any aggravating factors. For example, if someone gets into an accident while driving under the influence, that will be considered an aggravating factor resulting in a longer sentence than someone who has not had an accident.
Other aggravating factors that may increase the penalties for a second DUI may include:
- being under the age of 21 at the time of the offense,
- driving under the influence with a minor in the vehicle,
- speeding or driving recklessly while under the influence,
- refusing to cooperate with law enforcement,
- driving with a BAC (blood alcohol concentration) of more than double the legal limit.
The exact circumstances of the DUI and criminal history can also play into the severity of the penalties for a second DUI.
How is BAC calculated?
Blood Alcohol content is the concentration of alcohol in a person’s bloodstream, measured using a breathalyzer, blood test, or urine test. A .10% BAC would mean that the concentration of alcohol in a person’s blood supply is one part alcohol per 1000 parts blood. Several factors can impact a person’s BAC, including their body weight, the number of drinks consumed and the timespan over which they were consumed, medication, food consumption, and metabolism, to name a few.
The legal BAC limit for operating a vehicle in the state of California is .08% for people above 21 years of age.
The BAC limit is .01% for anyone that is:
- Under the age of 21.
- On probation due to a previous DUI
The BAC limit is .04% for anyone that is:
- Driving a vehicle that requires a commercial driver’s license.
- When a passenger for hire is in the vehicle at the time of the offense.
- You killed or injured someone while driving under the influence
- You have a prior felony DUI
- You have 3 previous DUI convictions within the last 10 years
LEGAL DEFENSES TO DUI CHARGES
- Improper or nonexistent field sobriety test
- Improper reasons for initially pulling you over
Lack of probable cause support ing the arrest
- The procedure for administering a blood test
- Inconsistencies between the criminal complaint generated and the police arrest report