Second Offense DUI

San Jose DUI/DWI Defense Law Firm  

Sentences for Driving Under the Influence of Alcohol and/or Drugs


Typical 2nd Offense DUI within 10 years – Misdemeanor (Vehicle Code 23152)

  • 30 days to 6 months in jail
  • approximately $1,850 in fines and penalties
  • one year license suspension followed by restriction
  • 18 months multiple offender alcohol/drug program
  • ignition interlock device
  • 3 to 5 years of court or formal probation
  • 2 points on your driving record

If you are arrested on a second offense, you will have to pay the fines, and you will be sentenced to at least 30 days in jail (statute provides for 10 days minimum). However, if your sentence is higher than 30 days, you may not be able to complete your sentence in a weekend work program. In addition, you may lose your license for up to 2 years. A lengthy multiple offender program will be mandatory and required for you to get your driver’s license back. On a second conviction, many judges will order an ignition interlock device for your car.

Additional information on 

How a DUI Conviction Affects Your Insurance
Information on how drunk driving convictions affect automobile insurance, from Insure.com.

Your insurance costs will probably increase for your family. If you have to drive for your job, your employer's insurance rates may rise or you may not qualify for employment in areas where insurance rates are negotiated based upon drivers without DUI convictions.


The San Jose criminal defense attorneys at the Moore Law Firm with offices in San Jose and Fresno, represent clients facing serious state and federal criminal charges such as drug crimes, domestic violence, and drunk driving, including repeat and felony DUI offenses in the South and East Bay Area, Santa Clara County, Palo Alto, Sunnyvale, Gilroy, Saratoga, Monte Sereno, Fremont, Milpitas, Hayward, Morgan Hill, South San Francisco, Redwood City, San Martin, Watsonville, Salinas, Santa Clara, Campbell, San Mateo County, Santa Cruz County, Alameda County, San Francisco County, Contra Costa County, Monterey County, Stanislaus County.

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