What are the penalties for a second DUI? 9 Answers as of May 07, 2015

I didn't have a lawyer for the first time but I'm wondering if I need one now. What are the differences and are the penalties really that much more strict for a second DUI?

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S. Joseph Schramm | Joseph Schramm
The extent of the penalties depends on the blood alcohol level (BAC). If the level is between .08% and .099% you could be facing conviction for an ungraded misdemeanor, a 12 month license suspension, five days to six months in jail, $300 to $2,500 in fines, an alcohol, highway safety school, treatment when ordered and a 1 year ignition interlock on your car. For BAC levels between .10% and .159% you could face conviction for an ungraded misdemeanor, a 12 month license suspension, 30 days to six months imprisonment, fines ranging from $750 to $5,000, alcohol highway safety school, treatment when ordered and a one-year ignition interlock for your car. For BAC levels exceeding .16% a person would face conviction for a first degree misdemeanor, an 18 month license suspension, imprisonment between 90 days and 5 years, alcohol safety school, treatment when ordered and a 1 year ignition interlock for your car.
Answer Applies to: Pennsylvania
Replied: 5/7/2015
Universal Law Group, Inc. | Francis John Cowhig
Possible jail sentence of up to 1 year in county jail.
Answer Applies to: California
Replied: 5/6/2015
Anderson Law Office
Anderson Law Office | Scott L. Anderson
The penalties are much stiffer for a 2nd DUI. In MN it is a gross misdemeanor punishable by up to a year in jail and/or a $3000 fine. You do need an attorney and quick.
Answer Applies to: Minnesota
Replied: 5/6/2015
Law Office of Jeff Yeh
Law Office of Jeff Yeh | Jeff Yeh
You need to hire a DUI specialist, and do it soon because you have only 10 days to save your license.
Answer Applies to: California
Replied: 5/6/2015
Lawrence Lewis
Lawrence Lewis | Lawrence Lewis, PC
You didn't need an attorney to figure out that you had a drinking problem the first time. You still don't need an attorney to figure out that you still have a drinking a problem.
Answer Applies to: Georgia
Replied: 5/5/2015
    The Law Offices of Harold L. Wallin | Harold L. Wallin
    The minimum sentence for a second DUI is a conviction which will revoke your driver's license, plus mandatory 5 days in jail or 240 hours community service, and if you were over 0.16 BAC, a mandatory 2 days in jail and a fine of $1,250.00.
    Answer Applies to: Illinois
    Replied: 5/5/2015
    Musilli Brennan Associates PLLC
    Musilli Brennan Associates PLLC | John F Brennan
    Yes, they are much stricter. I would most strongly suggested that you engage an attorney immediately. You are facing loss of license and very significant fines not to mention what it will do to your insurance rates.
    Answer Applies to: Michigan
    Replied: 5/5/2015
    Shalvoy Law, LLC | Walter A. Shalvoy Jr.
    Absolutely, contact an attorney to insure you don't go to jail. It is truly fact dependent.
    Answer Applies to: Connecticut
    Replied: 5/5/2015
    Law Office of Russell A. Warren
    Law Office of Russell A. Warren | Russell A. Warren
    It depends on how the first one was charged an how long ago it was. Irregardless, you will most likely be looking at a conviction on a second offense. As this can involve the imposition of jail time, you should retain an attorney to represent you. They can help to work towards "suspending" the execution of any jail time the prosecution may wish to impose.
    Answer Applies to: Missouri
    Replied: 5/5/2015
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