When somebody is stopped and arrested for driving under the influence, the prosecutor, district attorney or city attorney will review their criminal history to see whether they have any prior DUI arrests either in the state or even out of the state. There is a look-back period where a prior DUI can be used to enhance a current DUI. If someone was arrested for a DUI and it is within 10 years of a prior DUI, the prosecutor can use that prior DUI against them and that first time DUI, even it was ten years ago, can be used to enhance or make the current DUI a second or a third or whatever the case may be.
Getting a Second DUI After 10 Years or More Would Not Be Used as a Mandatory Enhancement
If a person has a prior DUI within 10 years, that can and usually will be against them in enhancing the current one. If someone has a DUI that is older than 10 years, it is not a mandatory enhancement; it does not need to be used against them like one within 10 years. However, even if it is an old DUI outside of 10 years, it does not mean that it goes away. The prosecutor can still see it on their record and still could use it in considering what type of offer they want to make on the case and a judge could use that in sentencing considerations if someone were to be convicted.
Getting a Second DUI Within 10 Years Results in Mandatory Jail Time for the Defendant
A judge could say, “You have a prior DUI that is more than 10 years old and I am going to use that to enhance the penalties on this new one.” Therefore, if it is outside 10 years, the minimum and maximum still apply. For a standard first time DUI, there is no mandatory jail time but there could be jail time lasting up to six months or 180 days in county jail. A prosecutor may say although it is older than 10 years they still want jail time on the case and the judge could go along with that. If it is within 10 years, it’s mandatory. If there is a second time DUI within 10 years, there is mandatory jail time where a person must go to jail.
The Different Ways in Which a Second DUI Charge Can Be Enhanced
If someone is charged with a second DUI within 10 years there can be other consequences besides mandatory jail time. There are other mandatory penalties that need to be imposed, so if someone is convicted as a second time DUI, they will be facing mandatory jail time along with mandatory fines and fees. They will also be facing a longer alcohol class and, in Los Angeles County, the installation of an ignition interlock device. Somebody who is convicted of a second time DUI will have probation and this probation period can be anywhere from 3 to 5 years just like on a first time offense but usually a judge or prosecutor is going to be looking for more than just 3 years. They will look for 4 or 5 years.
The Fines and Fees for a Second Time DUI Could Potentially Be Enhanced to a $500 Basic Fine and Penalty Assessment of over $1000
The fines and fees on a second time DUI have the same range of $390 to $1,000 plus penalty assessment. Typically the prosecutor or the judge will be looking for increased fines and fees instead of $390 plus penalty assessment. They may be looking at $500 plus penalty assessment or up to $1,000 plus penalty assessment. In addition to probation and fines, there will be certain mandatory alcohol classes on a first time DUI. The minimum class would be a 3 month class and the minimum class on a second time DUI would be an 18 month class.
For a Second DUI Offense the Installation of the Ignition Interlock Device Is Mandatory
The person facing a second DUI would be looking at a mandatory year and a half alcohol program. With the fines and the fees that go along with that class, everything gets increased exponentially on a second time DUI. Probation is usually longer, the fines are usually higher and the alcohol classes are much longer. There is also a required ignition interlock device, so if someone were to get a second time DUI, they would have to install an ignition interlock and that would have to be in use for a minimum of one year. There would be costs associated with the ignition interlock as well.
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