The Chances of Going to Jail for Second DUI Offenders (2024)

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Sarah Edwards

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Reviewed By Adam Ramirez, J.D.

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Summary

  • Every state has unique sentencing guidelines for a DUI second offense
  • The penalties for a second conviction of DUI often include jail time
  • Some states give judges alternatives to mandatory imprisonment

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What Happens When You Get a Second DUI?

Most state legislators, prosecutors and police officers consider DUI offenses to be entirely avoidable. In a sense, they’re correct.

There’s never a true need to drive after drinking. States have spent enormous sums to educate drivers on the risks of intoxicated driving, which include injury, death and incarceration. Drivers have many alternatives to drunk driving, including rideshares, taxis or hotels.

On the other hand, alcohol impairs the user’s judgment, and a driver might not appreciate the level of impairment to their driving skills. Furthermore, alcohol is addicting. While its addictive nature doesn’t excuse repeat offenders, it does explain why some people can slip into dangerous behaviors despite knowing the costs of a DUI.

Different jurisdictions try to find ways to balance the public’s interest in safe roads with the individual’s need for education and treatment to avoid endangering the public. As a result, states vary widely in the sentences they impose for a second DUI.

Every state outlaws intoxicated driving. Specifically, these laws target two actions.

Drivers can break the law by driving with a blood alcohol concentration (BAC) at or above the legal limit of 0.08%, regardless of whether their skills are impaired. They can also do so by driving while impaired even if their BAC is below the legal limit.

For a first offense, the laws lean toward giving drivers a second chance. This doesn’t mean every first offender will escape jail time. However, in many cases, a DUI lawyer can negotiate for minimal or no jail time with probation or substance abuse treatment.

For a second offense, the sentences begin to change. The average sentence for 2nd DUI will typically include incarceration, though judges sometimes have the discretion to suspend the jail sentence or replace it with probation or alcohol treatment.

Defining “Second Offense”

States take a few different approaches to categorizing second offenses. Most limit the period considered for a second offense. For example, California considers someone a second offender if they have two convictions in 10 years.

Thus, in California, a second DUI conviction within 20 years results in a minimum sentence based on a first offense rather than a second offense — to be considered a second offense, it must happen within 10 years. Upon conviction for a second offense, the judge can increase the minimum jail time for the offender from 96 hours to 10 days.

Approaches to Sentencing Second DUI Offenders

When you get a DUI, a judge can sentence you to jail time, fines, and/or driver’s license suspension. State laws take the following two approaches to guiding judges in sentencing offenders for second DUI offenses:

Mandatory Minimum Sentences

Some states impose a mandatory minimum jail sentence for a second DUI offense. In these states, the judge has no way to avoid sending a two-time offender to jail. For a second offense in Pennsylvania, the law requires a sentence that includes the following:

  • At least five days in jail
  • At least $300 in fines
  • Alcohol highway safety school
  • Drug and alcohol treatment

If you were to get arrested for DUI in Pennsylvania with a prior conviction on your record, you could expect to spend at least five days in jail.

Judicial Discretion

Some states give judges discretion to sentence offenders based on the circumstances of the case. What are the chances of going to jail for second DUI offenders? It depends on the circumstances of the offense.

Factors that could affect the chances of going to jail for a second DUI conviction include:

  • The recency of the prior offense
  • The sentence imposed in the previous case
  • Whether the offender is a candidate for alcohol treatment
  • Additional aggravating factors, like having a high BAC or a child in the car
  • Whether the offender caused a traffic accident while impaired

Judges have several options when it comes to sentencing.

Under Alabama law, the judge must impose a mandatory sentence of at least five days in jail or 30 days of community service — they can choose between the two. In these cases, a DUI lawyer will present as much mitigating evidence as possible to advocate for community service.

Delaware takes a different approach. The state’s sentencing statute requires the court to impose a mandatory minimum jail sentence of 60 days. However, the court can suspend this sentence if the offender completes either the Veterans Treatment Court or the DUI Treatment Court Program.

These programs include counseling and therapy to help the offender address their substance abuse issues. They also require 30 days of community service.

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Contact ConsumerShield to Get the Help You Need

Judges can deal harshly with repeat offenders, sentencing them to jail even when years have elapsed between convictions. ConsumerShield helps people understand these risks and find qualified legal professionals to handle their cases. Contact us today to schedule a free case evaluation and receive a referral.

Frequently Asked Questions

  • In some states, like Pennsylvania, you’ll serve time in jail for a second or subsequent DUI conviction. Others give judges some discretion in sentencing second offenders. In these states, the risk of jail for a second offense depends on the circumstances of the incident.

  • The period of license suspension depends on the state. However, almost every state suspends an offender’s driver’s license for every conviction, including a first offense. A second offense will almost certainly result in a lengthy suspension or a mandatory ignition interlock for those with restricted licenses.

  • Fines for DUI vary widely. The fine for a first offense usually ranges from a few hundred to a few thousand dollars, with the amount often increasing for a second offense. Judges may also require offenders to pay probation fees, court costs, and restitution.

  • Most states will look back 10 years to determine whether someone is a repeat offender. They’ll also count DUI convictions in other jurisdictions. In a state that operates on this timetable, you could be sentenced as a repeat offender for two DUI convictions within 10 years of each other.

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