The consequences for a Second Offense DUI are substantially more severe in Ventura county, than they would be in many other surrounding counties. It is important to note that the date of arrest of the second offense, must be within 10 years of the date of arrest of the first offense, in order to be charged as a DUI with a prior.
SECOND OFFENSE DUI IN VENTURA
California Vehicle Code 23152(a) or (b)
The District Attorney’s Office will commonly offer 25-30 days of jail, depending on how old the prior is, and whether there are any enhancing factors such as a high BAC, a traffic collision, or an additional offense (such as hit and run, or child endangerment). Also, it is important to note that the prosecutors in Ventura county look at all the DUIs throughout a persons history, even those DUI convictions that are older than 10 years. They refer to these as “out of time priors,” and this can impact the terms of an offer as well.
On a good note, most people convicted of a second offense DUI in Ventura are eligible for work furlough, instead of completing their jail requirement in county jail. The work furlough program allows the inmate to go to their jobs during the day, and then they are housed in a facility in Camarillo during the rest of the day. This is usually a much better option than county jail. Also, most people end up serving only about half of what they are sentenced to.
The probation period for a Second offense DUI in Ventura is usually 60 months of supervised formal probation. This is done through the probation department, which is located directly next to the Hall of Justice courthouse. Even though it is not required to report to the probation officer in person, there is a monthly checklist that must be completed and sent back to the probation department each month.
The fine for being convicted of a DUI with a prior is approximately $3,800, when you add all the penalties, assessments, and probation fees. The alcohol program that is required by the court, and by the DMV, is an 18 month program known as the “SB38.”
Finally, the court will also require the installation of an ignition interlock device (IID) for a period of at least one year. The court has discretion to order the IID for up to 3 years for a second offense DUI. However, once the IID is installed in the vehicle, a restricted license may be obtained after 90 days of suspension. There are various steps that must be completed in order to obtain the restricted license, and we help our walk our clients through all the requirements. For more information on 2nd DUI in Ventura, call 800.943.8310