Call Now 323-464-6700 for a Free Consultation

Law Offices of Jonthan Franklin - Blog

How serious is a second driving under the influence, DUI, charge? In California, a second DUI conviction within 10 years may result in additional penalties.

Below is a comparison of penalties for a first time DUI conviction and second DUI conviction.

First Time DUI Conviction Penalties

  • Jail time which ranges from 96 hours to 6 months
  • Fine up to $1,000
  • Suspended driver’s license for four months

Most driving under the influence, or DUI, cases are prosecuted as misdemeanor cases. Under certain circumstances, a driver may face a felony charge for driving under the influence. A DUI charge prosecuted as felony typically means that the driver will face much harsher penalties.

These penalties can include a mandatory minimum prison sentence. These harsher penalties for a DUI felony conviction also creates more long-term consequences for an individual. One particular burden involves finding employment. 

In every state, a driving under the influence of alcohol and/ or drugs, or DUI, is punishable by jail time. Drivers also may receive probation, license suspension and mandatory DUI education. If a driver is convicted in California, Arizona, Tennessee or Georgia, he won’t always receive any type of mandatory jail time for a first-time DUI conviction. The general penalties for a first time DUI conviction are:

• Suspended license
• Jail time
• DUI School
• Fines

Laws considered “per se” assume the individual is guilty of driving under the influence of alcohol, or DUI. However, they only presume guilt if the state can show that a person's blood alcohol concentration, or BAC, was 0.08 or higher. According to California law, it’s unlawful to operate a motor vehicle while under the influence of alcohol and/ or drugs.

It’s important to remember that an individual can be under the influence without being intoxicated.

You know what happens in California when someone is convicted of driving under the influence of alcohol, or DUI. The driver can be subjected to numerous penalties such as jail time, license suspension and fines. You may not know about the hidden costs of a DUI conviction.

Probably a police officer standing on the driver’s side of a parked car, truck, or SUV. According to California law, the image of a driver stopped for DUI should include a bike. Yes, the state subjects bicycles to the same traffic laws and restrictions as a passenger vehicle.

A Driver Can be Charged with DUI While Riding a Bike According to California Vehicle Code 21200.5

Here is a scary fact for a woman. DUI Breathalyzers in California may not always give accurate measurements of a female’s blood alcohol concentration, or BAC. A female may have a BAC of 0.07 percent, which is below the legal limit of 0.08 percent. She may still test 0.10 percent higher on a California Breathalyzer test.

Police are everywhere in Los Angeles County. All of the officers are looking to arrest anyone driving under the influence of alcohol and/ or drugs. In fact, some jurisdictions in California have an entire task force devoted to catching drunk drivers. That’s why it’s important to know how to conduct yourself during a traffic stop or at a DUI checkpoint.

Driving while under the influence of drugs and/ or alcohol is a crime in California. A DUI conviction when you’re under 21 years old is treated differently by the State. If you are convicted, the State will penalize you in a variety of harsh ways. Prosecutors will generally focus on the following elements to decide which charges to file and which penalties to give you based on:

Driving is a privilege in California. However, every driver has constitutional rights while operating a vehicle in the state. These rights don’t fly out the window once you’re stopped at a DUI sobriety checkpoint. To take advantage of your constitutional rights, it’s important to know and understand them.

Board of Governors,

America's Top-Ranked Law School For Trial Advocacy

Stetson University DUI Program

Contact Information

Jonathan Franklin DUI Attorney
6777 Hollywood Blvd Ste 508
Los Angeles, CA 90028