Jail and License Suspension with a 2nd DUI

Posted By Bill Nimmo & Raymond Gomez, Attorneys at Law || 28-Feb-2014

As DUI lawyers in San Diego we are often asked, "Will I go to jail with a second DUI?" And the other question is "How long will I not be able to drive?"

These are good questions and when a person is facing a second DUI within the 10-year period there are greater consequences than with a first time DUI. Usually on a second DUI a person in San Diego County will not go to jail. They have to be sentenced to jail but the Courts will usually sentence them to 96 hours and allow them to serve that in home confinement with a SCRAM device (secure continuous remote alcohol monitor) attached to their ankle. Recent legislation has caused such an overcrowding of the jails that the Courts, with the concurrence of the prosecutors, are enthusiastically finding alternatives to actual jail time.

This time technology has come to the aid of the accused. The SCRAM device is both an alcohol monitor and a location monitor. There is one major company that provides this device and it is easy for the defendant to get hooked up and monitored. There are fees, of course, but the cost is nowhere as severe as is having to spend time in a county jail locked up with others who may be far less desirable humans to associate with than the defendant's regular friends.

This second DUI must be taken seriously however, as the Court can impose up to a year in county jail and a $2500 fine. Not all the Courts in San Diego County, however, impose the same punishments. Some Courts will allow the SCRAM in lieu of actual jail and others may not. As always is the case, a competent lawyer will know the system and maneuver the client to the best possible result under the circumstances.

The typical result for a second DUI, with a blood alcohol level under a .15 will result in 96 hours of custody, allowing the time to be home arrest with a SCRAM device, an 18 month approved drug and alcohol program, and a fine of approximately $2500. The drug and alcohol programs are administered all over the county commercially and involve a couple hour per week class on the evils of drinking and driving.

A person who pleads to a second DUI can count on their license being suspended unless they prevail at the DMV hearing and not plead to a DUI. Their license will be suspended by the DMV for a year and once the DMV gets the record of the plea from the Court their license will be suspended for an additional 2 years. The client can apply for a restricted license after 90 days of actual suspension which should be granted upon showing of proof of SR22 insurance. This restricted license will allow you to drive to and from work or school. If you have an IID(ignition interlock device) installed you may be able to get a restricted license which allows you to drive anywhere, as long as you're driving in a car with an IID installed.

There are nuances for particular situations but generally this article has addressed the general question of jail time and license suspension for a second DUI. The consequences could be much different if a chemical test is refused, if the blood alcohol is at a higher level, or if there was an accident. As always, your individual case is unique and the general information above may not apply in your particular case.

Categories: Criminal Defense, DUI