If you Got Second and Third DUI Vonviction
Second DUI Offense
If a person convicted of a second DUI offense if the offense occurred within ten (10) years of the firs DUI conviction is punishable by incarceration in the county jail for not less than ninety days nor more than one year and by a fine of not less than three hundred ninety dollars ($390) nor more than one thousand dollars ($1,000). The court may even prohibit the issuance of a limited driver's license.
The may grant probation on a second DUI offense however the restrictions under these probationary terms is still more oppressive. If the court grants probation the court shall impose as conditions of probation that the person be confined in county jail and fined under either of the following:
(A) For at least 10 days, but not more than one year, and pay a fine of at least three hundred ninety dollars ($390), but not more than one thousand dollars ($1,000).
(B) For at least 96 hours, but not more than one year, and pay a fine of at least three hundred ninety dollars ($390), but not more than one thousand dollars ($1,000). A sentence of 96 hours of confinement shall be served in two increments consisting of a continuous 48 hours each. The two 48-hour increments may be served nonconsecutively.
(2) The person's privilege to operate a motor vehicle shall be suspended by the DMV. The court shall require the person to surrender the driver's license to the court.
(b) In addition to the conditions specified in subdivision (a), the court shall require the person to do either of the following: (1) Enroll and participate, for at least 18 months subsequent to the date of the underlying violation and in a manner satisfactory to the court, in a driving-under-the-influence program licensed as designated by the court. The person shall complete the entire program and shall not be given any credit for any program activities completed prior to, the date of the current violation. Enroll and participate, for at least 30 months subsequent to the date of the underlying violation and in a manner satisfactory to the court, in a driving-under-the-influence. The person shall complete the entire program and shall not be given any credit for any program activities completed prior to, the date of the current violation.
(c) The court shall advise the person at the time of sentencing that the driving privilege shall not be restored until proof satisfactory to the Department of Motor Vehicles of successful completion of a driving-under-the-influence program. (d) Whenever, when considering the circumstances taken as a whole, the court determines that the person punished under this section would present a traffic safety or public safety risk if authorized to operate a motor vehicle during the period of suspension imposed under the court may disallow the issuance of a restricted driver's license required under
Third DUI Offense
If a person is convicted of a violation of a third DUI offense in it is within ten years of two prior DU I convictions that person shall be punished by imprisonment in the county jail for not less than 120 days nor more than one year and by a fine of not less than three hundred ninety dollars ($390) nor more than one thousand dollars ($1,000). The person's privilege to operate a motor vehicle shall be revoked by the court shall require the person to surrender his or her driver's license to the court in accordance with Any person convicted of a violation of Section 23152 punishable under this section shall be designated as a habitual traffic offender for a period of three years, subsequent to the conviction.
The court may grant probation on a third DUI offense however the restrictions under these probationary terms are that much more strict. In both the second and especially the third DUI Offense category the courts are more likely to impose jail time. If the court grants probation the court shall impose as conditions of probation that the person be confined in county jail and fined under either of the following:
If the court grants probation the court shall impose as conditions of probation that the person be confined in the county jail for at least 120 days but not more than one year and pay a fine of at least three hundred ninety dollars ($390) but not more than one thousand dollars ($1,000). The person's privilege to operate a motor vehicle shall be revoked. The court shall require the person to surrender the driver's license to the court in accordance with Section 13550.
a. In addition to subdivision (a), if the court grants probation to any person punished under Section 23546, the court may order as a condition of probation that the person participate, for at least 30 months subsequent to the underlying conviction and in a manner satisfactory to the court, in a driving-under-the-influence program. In lieu of the minimum term of imprisonment specified in subdivision (a), the court shall impose as a condition of probation under this subdivision that the person be confined in the county jail for at least 30 days but not more than one year. The court shall not order the treatment prescribed by this subdivision unless the person makes a specific request and shows good cause for the order, whether or not the person has previously completed a treatment program. A person ordered to treatment pursuant to this subdivision shall apply to the court or to a board of review, as designated by the court, at the conclusion of the program to obtain the court's order of satisfaction. Only upon the granting of that order of satisfaction by the court may the program issue its certificate of successful completion and report the completion to the Department of Motor Vehicles. A failure to obtain an order of satisfaction at the conclusion of the driving-under-the-influence program is a violation of probation. In order to enable all required persons to participate, each person shall pay the program costs commensurate with the person's ability to pay. No condition of probation required pursuant to this subdivision is a basis for reducing any other probation requirement in this section or for avoiding the mandatory license revocation
b. In addition to the provisions of Section 23600 and subdivision (a), if the court grants probation to any person and unless the person is ordered to participate in and complete a driving-under-the-influence program under subdivision (b), the court shall impose as a condition of probation that the person, subsequent to the date of the current violation, enroll and participate, for at least 18 months and in a manner satisfactory to the court, in a driving-under-the-influence program , as designated by the court. The person shall complete the entire program subsequent to, and shall not be given any credit for program activities completed prior to, the date of the current violation. Any person who has previously completed a 12-month or 18-month program licensed pursuant to Section 11836 of the Health and Safety Code shall not be eligible for referral pursuant to this subdivision unless a 30-month licensed driving-under-the-influence program is not available for referral in the county of the person's residence or employment. No condition of probation required pursuant to this subdivision is a basis for reducing any other probation requirement or for avoiding the mandatory license revocation provisions of paragraph (5) of subdivision (a) of Section 13352.
If a person convicted of a second DUI offense if the offense occurred within ten (10) years of the firs DUI conviction is punishable by incarceration in the county jail for not less than ninety days nor more than one year and by a fine of not less than three hundred ninety dollars ($390) nor more than one thousand dollars ($1,000). The court may even prohibit the issuance of a limited driver's license.
The may grant probation on a second DUI offense however the restrictions under these probationary terms is still more oppressive. If the court grants probation the court shall impose as conditions of probation that the person be confined in county jail and fined under either of the following:
(A) For at least 10 days, but not more than one year, and pay a fine of at least three hundred ninety dollars ($390), but not more than one thousand dollars ($1,000).
(B) For at least 96 hours, but not more than one year, and pay a fine of at least three hundred ninety dollars ($390), but not more than one thousand dollars ($1,000). A sentence of 96 hours of confinement shall be served in two increments consisting of a continuous 48 hours each. The two 48-hour increments may be served nonconsecutively.
(2) The person's privilege to operate a motor vehicle shall be suspended by the DMV. The court shall require the person to surrender the driver's license to the court.
(b) In addition to the conditions specified in subdivision (a), the court shall require the person to do either of the following: (1) Enroll and participate, for at least 18 months subsequent to the date of the underlying violation and in a manner satisfactory to the court, in a driving-under-the-influence program licensed as designated by the court. The person shall complete the entire program and shall not be given any credit for any program activities completed prior to, the date of the current violation. Enroll and participate, for at least 30 months subsequent to the date of the underlying violation and in a manner satisfactory to the court, in a driving-under-the-influence. The person shall complete the entire program and shall not be given any credit for any program activities completed prior to, the date of the current violation.
(c) The court shall advise the person at the time of sentencing that the driving privilege shall not be restored until proof satisfactory to the Department of Motor Vehicles of successful completion of a driving-under-the-influence program. (d) Whenever, when considering the circumstances taken as a whole, the court determines that the person punished under this section would present a traffic safety or public safety risk if authorized to operate a motor vehicle during the period of suspension imposed under the court may disallow the issuance of a restricted driver's license required under
Third DUI Offense
If a person is convicted of a violation of a third DUI offense in it is within ten years of two prior DU I convictions that person shall be punished by imprisonment in the county jail for not less than 120 days nor more than one year and by a fine of not less than three hundred ninety dollars ($390) nor more than one thousand dollars ($1,000). The person's privilege to operate a motor vehicle shall be revoked by the court shall require the person to surrender his or her driver's license to the court in accordance with Any person convicted of a violation of Section 23152 punishable under this section shall be designated as a habitual traffic offender for a period of three years, subsequent to the conviction.
The court may grant probation on a third DUI offense however the restrictions under these probationary terms are that much more strict. In both the second and especially the third DUI Offense category the courts are more likely to impose jail time. If the court grants probation the court shall impose as conditions of probation that the person be confined in county jail and fined under either of the following:
If the court grants probation the court shall impose as conditions of probation that the person be confined in the county jail for at least 120 days but not more than one year and pay a fine of at least three hundred ninety dollars ($390) but not more than one thousand dollars ($1,000). The person's privilege to operate a motor vehicle shall be revoked. The court shall require the person to surrender the driver's license to the court in accordance with Section 13550.
a. In addition to subdivision (a), if the court grants probation to any person punished under Section 23546, the court may order as a condition of probation that the person participate, for at least 30 months subsequent to the underlying conviction and in a manner satisfactory to the court, in a driving-under-the-influence program. In lieu of the minimum term of imprisonment specified in subdivision (a), the court shall impose as a condition of probation under this subdivision that the person be confined in the county jail for at least 30 days but not more than one year. The court shall not order the treatment prescribed by this subdivision unless the person makes a specific request and shows good cause for the order, whether or not the person has previously completed a treatment program. A person ordered to treatment pursuant to this subdivision shall apply to the court or to a board of review, as designated by the court, at the conclusion of the program to obtain the court's order of satisfaction. Only upon the granting of that order of satisfaction by the court may the program issue its certificate of successful completion and report the completion to the Department of Motor Vehicles. A failure to obtain an order of satisfaction at the conclusion of the driving-under-the-influence program is a violation of probation. In order to enable all required persons to participate, each person shall pay the program costs commensurate with the person's ability to pay. No condition of probation required pursuant to this subdivision is a basis for reducing any other probation requirement in this section or for avoiding the mandatory license revocation
b. In addition to the provisions of Section 23600 and subdivision (a), if the court grants probation to any person and unless the person is ordered to participate in and complete a driving-under-the-influence program under subdivision (b), the court shall impose as a condition of probation that the person, subsequent to the date of the current violation, enroll and participate, for at least 18 months and in a manner satisfactory to the court, in a driving-under-the-influence program , as designated by the court. The person shall complete the entire program subsequent to, and shall not be given any credit for program activities completed prior to, the date of the current violation. Any person who has previously completed a 12-month or 18-month program licensed pursuant to Section 11836 of the Health and Safety Code shall not be eligible for referral pursuant to this subdivision unless a 30-month licensed driving-under-the-influence program is not available for referral in the county of the person's residence or employment. No condition of probation required pursuant to this subdivision is a basis for reducing any other probation requirement or for avoiding the mandatory license revocation provisions of paragraph (5) of subdivision (a) of Section 13352.