What if your second DUI was 6 years after the first one?

Question:  What if your second DUI was 6 years after the first one?  I was arrested for a DUI in San Fernando back in 2007.  I was convicted.  Did what I had to do for all the penalties.  Lost my drivers license and everything.  But I followed what the court ordered and the case ended.

I just got a second DUI in Santa Clarita.  Will this be the same thing as the 1st DUI as far as the penalties are concerned?  Does it help that I did everything I was supposed to do for the 1st DUI and that my driving record in between the two was good?

Santa Clarita DUI and Criminal Defense

Answer:  Your new DUI offense will likely be treated as a second offense depending on your age for the first one.  They calculate DUI offenses within 10 years from Arrest dates. How old were you when you received your first offense?  If you were under 18 years old when you received your first DUI, then the Court will most likely charge the new DUI as a first offense as well.

If this is the case, be wary of DMV effects.  Even if the Court were to treat the new DUI as a first offense because you were under 18 years old when you received the DUI in San Fernando 6 years ago, the DMV would still suspend your driver’s license as if it were a second DUI.  It gets a bit confusing with the DMV, and there are some variables to consider, which is why it is best to speak about your situation in more detail with a DUI Lawyer.

As far as your driving record between the first and the second DUI’s, it is preferably to have as clean a driving record as possible, but that won’t change the fact that they would treat it as a second DUI absent any other exception.

I handle DUI defense in Santa Clarita and would be happy to speak to you about your case in more detail.  Just because  you were arrested for a DUI, does not necessarily mean you have to be convicted for one.  I have been successful in getting DUI’s dismissed and reduced to lesser offenses with lesser consequences.

Call me at (818) 336-1384 for a free consultation.  In the meantime, there is more information on first and second DUI’s here: DUI Information


Phil Hache
DUI Attorney in Santa Clarita Court