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DUI Attorney Richard Wagner relentlessly confronts the challenge of defending your second DUI.  Click here for examples of Richard Wagner’s DUI Victories.

what happens on a 2nd DUI


If you are caught driving under the influence of alcohol or drugs, you will be charged with a DUI. If you are caught with a second DUI, the penalties will be more severe. To make sure you have the best chance of success, hire a lawyer who specializes in DUI cases.


When facing charges for a serious crime like a second DUI, choosing the right criminal defense attorney to represent you is an important decision. You want an attorney with a complete understanding of DUI law, willing to ruffle the establishment’s feathers and present a strong defense on your behalf.

Richard Wagner gives personalized service to his clients. He has a proven track record of success in defending DUI cases in Southern California, setting him apart from other Southern California criminal defense lawyers and law firms.

The goal is to help you get the best possible result in your DUI case, and that means personally handling every aspect of your defense. In other words, Richard Wagner handles your case from start to finish. He does not take your money and pass your DUI case off to another attorney. 

Penalties for a Second DUI

The second DUI is one of the most complicated types of criminal defense cases.

If not granted probation:

Imprisonment and fine. Within 10 years of a prior DUI conviction or a wet reckless:  

(1) Jail Time: 90 days to 1 year,

(2) Fine: $390 to $1000, plus penalty assessments,

(3) DMV suspends license for 2 years,

(4)  Court must order your vehicle impounded for 1-30 days, except in unusual cases, if the offense occurred within 5 years of a prior DUI.

If granted probation:

The conditions must include:

3-5 years probation, a requirement you do not: drive with any measurable amount of alcohol in your blood, refuse a chemical test to determine your BAC on arrest; and commit a criminal offense.

Mandatory imprisonment, fine, and penalties

(1) Jail time: 10 days to 1 year or 96 hours to 1 year,

(2) Fine: $390 to $1000, plus penalty assessments,

(3) DMV suspends license for 2 years,

(4) Successful completion of an 18-month or 30-month DUI program.

Penalty assessments, fees, and state surcharges. These significantly increase the base fine and includes an assessment for alcohol abuse education and prevention programs. And, if applicable an assessment for county alcohol and drug problem assessment programs.

License suspension. The DMV must suspend your driver’s license for 2 years. However, The Law Office of Richard Wagner will help you get a restricted license to help you get back on the road.

Disallowance of restricted license. When the court determines you would present a traffic or public safety risk if authorized to operate a motor vehicle during the 2-year suspension period, the court may prohibit the DMV from giving a restricted driver’s license to you.  DUI Attorney Richard Wagner will help you get a restricted license at the earliest possible time!

How A DUI Defense Attorney Will Help

Second offense Vehicle Code 23152 VC charges are usually misdemeanors, but the criminal penalties are up to the prosecution and court. For example, the minimum jail time in California for a second DUI conviction is 96 hours, but the prosecutor can ask for a longer sentence. There are also certain aggravating factors that can make a second DUI more serious.

The prosecutor will tell the judge to look at your second DUI and other factors such as: your blood alcohol level, refusal to take a chemical test, collision, valid driver’s license, children in the vehicle, recency of prior conviction, and flight from an accident scene.

Richard Wagner will argue on your behalf for alternatives to jail such as house arrest and rehab treatment. He has extensive knowledge about DMV Hearings to help you keep your license. 

If you refused a breath or blood test, the DMV is looking to revoke your license for 2 years.

If your BAC is .15 percent or .20 percent, the court must consider this as a special factor in determining additional or enhanced terms and conditions of probation.

If you had a minor passenger 14 years old or younger, you face enhanced mandatory jail time and additional charges.

If you were driving 30 mph over the speed limit on the freeway (or 20 mph for other roads) and in a manner prohibited by Vehicle Code 23103 while DUI, the judge must sentence you to an additional 60 days in county jail.

Surrender of license. If your driver’s license is required or ordered to be suspended or revoked by the DMV under any section of the California Vehicle Code on conviction of a DUI offense, you must surrender your license to the court upon DUI conviction.

Vehicle impound. If you have had a prior conviction within the last five years, the court must order impoundment of the vehicle used in the offense registered to the convicted defendant at your expense for 1 to 30 days, except in an unusual case.

Ignition interlock device. If the conviction involved the use of alcohol, the court must require you to install an ignition interlock device (IID) on any vehicle operated by you for 1 year.

Restitution. The court must (1) impose a restitution fine of no less than $150 and not more than $1000 (and if probation is granted an additional probation revocation restitution fine in the same amount), and (2) order restitution to any victim for any economic losses incurred unless the court finds compelling and extraordinary reasons for not doing so.


Contact The Law Office of Richard Wagner, A Professional Corporation, at 714-721-4423 for a FREE Consultation to answer your questions and straightforward honest advice.