What Counts as a Second DUI in California?
Under California Vehicle Code §23152, any DUI conviction within the past 10 years counts toward a new offense. That means if you were convicted of a DUI in 2018 and are arrested again in 2025, the new charge will be considered your second DUI offense.
It doesn’t matter if the prior DUI occurred in a different California county (Riverside, Los Angeles, Orange) — or even in another state — it can still count against you in Rancho Cucamonga.
Penalties for a 2nd DUI in Rancho Cucamonga
A second DUI conviction brings mandatory minimum sentences that cannot be avoided without strong legal representation. Typical penalties include:
Jail Time: Minimum 96 hours up to 1 year in county jail
Fines & Costs: $2,000–$4,000 once fines, penalty assessments, and fees are added
Driver’s License Suspension: 2 years, with a restricted license possible after 12 months (or sooner with IID installation)
DUI Education Program: 18–30 months of mandatory DUI school at your expense
Ignition Interlock Device (IID): Required on all vehicles you own or operate
Probation: Up to 5 years of informal probation
In addition to these legal consequences, a second DUI conviction can cause skyrocketing insurance rates, employment challenges, and lasting damage to your record.
Aggravating Factors That Make Penalties Worse
Some circumstances can elevate a 2nd DUI from harsh to devastating. These include:
High BAC: Driving with a blood alcohol concentration of 0.15% or higher
Accident or Injury: If another person was hurt, you may face felony charges under VC §23153
Child Passenger: Driving under the influence with a minor in the vehicle can add child endangerment charges
Refusing a Chemical Test: Refusal can trigger additional license suspensions
If any of these apply, it is even more critical to have a Rancho Cucamonga DUI lawyer on your side immediately.
How a Rancho Cucamonga 2nd DUI Attorney Can Help
At The Law Offices of Kirk Tarman & Associates, we know that every DUI case has weaknesses that can be challenged. Our defense strategies often include:
Challenging the Stop: Did the officer have probable cause to pull you over?
Questioning Field Sobriety Tests: These tests are notoriously unreliable and can be influenced by nerves, health conditions, or uneven surfaces.
Attacking Breath or Blood Tests: Machines must be properly calibrated and samples handled correctly. Mistakes can make results invalid.
Examining Prior Convictions: Was your first DUI conviction lawful? If not, it may not count against you.
Negotiating for Reduced Penalties: In some cases, charges can be reduced to “wet reckless” or other lesser offenses.
Our team includes former litigator for the San Bernardino District Attorney’s Office who know how the prosecution builds DUI cases in Rancho Cucamonga. We use that insider knowledge to fight aggressively for dismissals, reductions, or alternative sentencing.
DMV Hearing: Protecting Your License
When arrested for DUI, you face two separate battles: the criminal case in court and the DMV hearing that determines whether your driver’s license will be suspended.
You only have 10 days from your arrest to request a DMV hearing. If you miss this deadline, your license will be automatically suspended.
Our firm immediately requests and represents you at the DMV hearing to fight for your right to drive.
Why Hire The Law Offices of Kirk Tarman & Associates?
For more than 25 years, Kirk Tarman has built a reputation as a trusted Rancho Cucamonga DUI lawyer. Our office is based right here in Rancho Cucamonga, giving us extensive knowledge of the San Bernardino County courts, judges, and prosecutors.
We are known for:
Aggressive courtroom defense strategies
Personalized case strategies tailored to your situation
Payment plan options to make strong representation accessible
A proven record of helping clients avoid jail, protect their license, and move forward with their lives
Take Action Today
A 2nd DUI arrest doesn’t have to define your future. With the right legal team, you may be able to reduce penalties, save your license, and avoid extended jail time.
👉 Call The Law Offices of Kirk Tarman & Associates today for a free confidential consultation with an experienced Rancho Cucamonga 2nd DUI attorney.
Your future, freedom, and license are worth fighting for.