What Happens After a Second DUI?

A second DUI changes the stakes. Prosecutors and judges have less discretion, and many penalties become mandatory.

The lookback period

States count prior DUIs only if they happened within a set number of years, called the lookback or washout period. The period differs widely: some states use around 5 to 10 years, and some count prior offenses for life. A DUI from another state usually counts too. If your first offense falls outside the lookback period, the new case may be treated as a first offense for sentencing.

Typical second-offense penalties

Within the lookback period, a second DUI commonly brings:

• Mandatory minimum jail, often days to weeks, sometimes served as home detention or weekends where allowed
• Longer license suspension or revocation, often a year or more
• Ignition interlock for an extended period
• Higher fines and longer probation
• Alcohol assessment and treatment
• Vehicle consequences in some states, such as plate impoundment or vehicle forfeiture
• Insurance: SR-22 filing and much higher premiums

When a second DUI is a felony

Most states treat a second DUI as a misdemeanor, but it can become a felony if it involves serious injury or death, a child passenger, driving on a license revoked for DUI, or, in some states, a prior felony DUI. Felony status brings prison exposure and lasting effects on employment, firearms and voting rights in some states. See felony vs. misdemeanor.

Can a second DUI be dismissed or reduced?

It depends on the evidence. Defense lawyers examine:

• Whether the traffic stop was lawful
• How field sobriety and chemical tests were given and maintained
• Whether the prior conviction is valid and within the lookback period
• Rising BAC or medical conditions affecting results

Plea bargains to a lesser charge are less common for second offenses, but possible in some cases. See should you take a plea deal.

Don't miss the license deadline

As with a first offense, the administrative license suspension usually has its own short deadline to request a hearing. See what to do after a first DUI arrest for the process.

Treatment matters

Voluntarily starting an alcohol assessment or treatment program can help at sentencing and in license reinstatement.

A second DUI is a case to handle with a criminal defense lawyer who regularly defends DUI charges in your county.

Sources

1. NHTSA: Drunk driving
2. Cornell Law School LII: Driving under the influence
3. GHSA: Alcohol-impaired driving laws