A second offense DUI arrest in San Diego carries very severe consequences. In you have been arrested for driving under the influence of alcohol, medication or drugs within ten (10) years of a prior conviction actual jail time and a very long driver’s license suspension are a distinct possibility.
If convicted in court you must serve not less than 48 hours of imprisonment but no more than one year in the county jail.
In addition, a separate consequence for a probation violation can be imposed in the county where the first DUI conviction occurred if the person arrested for a second offense DUI is still on probation for the first DUI conviction. It is not necessary for the second DUI to be proven. Rather, the District Attorney need only prove by a preponderance of the evidence (more likely than not) that the person violated a term or condition of probation.
On January 1, 2008, California Vehicle Code Section 23154 went into effect, which makes it unlawful for anyone on probation for driving under the influence in violation of Vehicle Code Section 23152 or 23153 to operate a motor vehicle with any measurable amount of alcohol in their system. The trier of fact must conclude that the accused was lawfully detained, had consumed an alcoholic beverage and was driving a vehicle with a blood alcohol concentration of 0.01 percent or greater as measured by a Preliminary Alcohol Screening Device, evidential breath alcohol test, or blood test.
Separately, the California Department of Motor Vehicles will suspend the driving privilege of any driver who within ten years of the current arrest was arrested and subsequently convicted of driving under the influence, driving with a blood alcohol level of 0.08 percent or more, or reckless driving with alcohol involved (wet reckless) for two years. The DMV will also suspend the driving privilege of any driver who within ten years of the current offense suffered a license suspension following a DMV Hearing where the Hearing Officer concludes a person was driving with a blood alcohol level of 0.08 percent or more. If the driver is on probation for driving under the influence, the Department of Motor Vehicles need only prove that the driver was lawfully detained and was driving with a blood alcohol level of 0.01 percent or greater as measured by a Preliminary Alcohol Screening Device, evidential breath alcohol test, or blood test.
Refusal or failure to submit to a Preliminary Alcohol Screening test or other chemical test subsequent to a lawful detention will result in a driver’s license suspension of one year to three years pursuant to California Vehicle Code Section 13353.1.