I have just been arrested for a second time DUI in San Bernardino, what are the punishments? (Vehicle Code section 23152)

By: Wallin & Klarich

A DUI conviction in San Bernardino always results in severe consequences as it usually results in jail time, fines and a license suspension. As you can probably guess, a second time DUI conviction has greater impact as the fines and possible jail time are increased dramatically. In understanding the punishments you face, it is important to determine whether your second DUI conviction was within 10 years of your first DUI offense. If so, the prosecuting agency can use your first DUI conviction as a “prior offense” and subject you to greater punishment. However, if it has been more than 10 years since your first offense, the District Attorney will not allege a prior offense and you can likely be subject to penalties reserved for first time offenders.

If you are convicted of a second time DUI in San Bernardino and your first DUI offense was within 10 years, then you will be facing a misdemeanor charge of driving under the influence. You can be punished with imprisonment in a county jail for up a minimum of 30 days or a maximum of one year. You will be required to complete an 18 month multiple offender alcohol program as well as have your driving privileges suspended for two years. Also, you will be required to pay fines that can add up to $2,000 or more.

As part of your second time DUI conviction, the judge will order you to be placed on informal probation from anywhere between three to five years. Terms of probation will include:

• Do not drive a motor vehicle with any measurable amount of alcohol
• Submit to a chemical test of your blood on demand by any law enforcement officer
• Do not drive without a valid driver’s license in your possession
• Do not drive without proof of valid automobile insurance • Disclose terms and conditions of probation when asked by any law enforcement officer
If you are arrested and charged with a second time DUI, you must immediately contact one of our experienced DUI attorneys at Wallin and Klarich. Wallin & Klarich has been helping individuals charged with a DUI for over 30 years. Wallin & Klarich has the experience to defend our clients and do all we can to prevent their driving privileges from being suspended. Please call us at (888) 280-6839 or visit our website at www.wklaw.com. You can also fill out our contact form and one of our attorneys will email you or call you back immediately. We will fight for you.

Posted In: DUI & Drunk Driving