What are the Penalties for a 2nd DUI while on Probation in California?

If you were recently arrested for a second DUI while on probation in the State of California, the consequences of your case for both the court and the DMV are more severe.

First, please note:  a 2nd DUI even while on Probation in California is NOT a felony automatically.  In California, in order for a 2nd DUI to be a felony, either your prior DUI was a felony or during your second DUI you were involved in an accident that caused injuries to another person.

Consequences for 2nd DUI While on Probation in CA.

  •  * Probation Violation out of the court your first DUI was in.
  •  * No Eligibility for a Restricted License if Probation Violation issue is lost.
  •  * Decreased Blood Alcohol Standard from .08% to .01% for drivers on probation.
  •  * Possible fines for Probation Violation


As you can see, the penalties for a 2nd DUI while are probation are more akin to having 3 separate cases, namely, your 2nd DUI, your probation violation, and your DMV hearing.

How Does Being on Probation when arrested for your 2nd DUI affect your Drivers License?

When you were put on probation for your prior DUI, you were told that driving with any measurable amount of alcohol in your system was in violation of your terms of probation.  When you are on probation and are subsequently arrested for a second DUI charge, the consequences to your drivers license is dyer.

What Can I Do to Avoid Jail Time on a 2nd DUI While on Probation for Your Prior DUI Offense.

When placed on probation, you agreed not to drive with any measurable amount of alcohol.  In some jurisdictions such as Los Angeles and Orange County, California, the courts also make you promise not to consume any alcoholic beverages period. 

If you picked up a 2nd DUI while on probation for the first DUI offense, obviously you've violated your terms of probation by drinking and driving.  Therefore, the court is going to be concerned about your alcohol consumption. 

In order to avoid jail, you must demonstrate to the court that you are in control of your alcohol consumption and are not a threat of re-offending by picking up another DUI charge.  This is done by utilizing such devices as a SCRAM device and going to AA meetings.

For more information about your second DUI while on probation, contact the multiple offense attorneys at Aspen Law Group for a free consultation.