DUI Second Offense

Like a first DUI offense, a second offense DUI charge is classified as a misdemeanor. If convicted of a second offense within seven years of your prior DUI, the judge can sentence you to anywhere from five days to one year in jail, depending on the circumstances of the case. In addition, you may be ordered to pay large fines and court costs, perform 30 to 90 days of community service, and attend alcohol education classes. Most judges consider the first five days to be mandatory, so if this is your second DUI, and you are convicted, you should plan on spending at least a short period of time behind bars.

Many people find that the hardest part of a second drunk driving offense is dealing with the license consequences. A second conviction within 7 years of your prior will result in a hard one-year revocation, which means you are ineligible for a limited work permit and cannot drive lawfully at all. This means that long after you are released from jail you'll still be dealing with a revoked license.

The license is not automatically returned to you either. In fact, there is a distinct possibility that you will not get your license back after the revocation period. In order to earn back your driving privilege, you must request a hearing. At this hearing it is up to you to prove, by clear and convincing evidence, a very high standard, that your substance use issue is under control, will stay that way if you get your license back, and despite your record, that you are at low or minimal risk for repeat behavior. If you fail to meet this burden of proof then you must wait another year before requesting another hearing. In addition to license revocation by the Secretary of State, the judge will also order you to have your vehicle immobilized.

As part of the terms of your license restoration for a second offense, you will be required to have an breath alcohol ignition interlock device (BAIID) installed in your vehicle once your revocation period is over. This BAIID must stay on your car for at least one year. Like a breathalyzer test, the BAIID measures the alcohol in your breath before your vehicle can start. You will also be tested periodically while you are driving. If your blood alcohol content is over the preset limit, you cannot start your car and your violation will be reported to the probation office. If you test positive while driving the car will be immobilized and you will be forced to stop driving. Either way, even one such event is likely to result in your license be re-revoked.

If you are an underage driver who is convicted of a second Zero Tolerance law offense, you could be sentenced to stiff fines, up to 60 days of community service and up to 90 days of incarceration.

Potential collateral consequences of a second offense include increased insurance premiums or the cancellation of your policy altogether. The same may happen to your health and life insurance policies, as you would fall into a high-risk category. A second conviction can also trigger the Interstate Compact provisions, leaving you unable to move to a new state while on probation.