A second DUI within 10 years means mandatory jail and a longer license suspension.
Daniel Kolacia is a former prosecutor who knows how repeat DUI cases are charged, how the prior is proven, and where both can be challenged.
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Rancho Cucamonga Second DUI Attorney Who Knows Prosecution
A second DUI arrest within 10 years of a prior conviction is charged under California Vehicle Code 23152 and sentenced under VC 23540. That means mandatory jail time, an 18-month DUI program and a two-year license suspension. A prior wet reckless counts too. Prosecutors have less room to reduce a repeat offense, so the defense has to start early.
You are fighting two cases at once. The DMV moves to suspend your license for one year, and you have only 10 days from your arrest to request a hearing. The criminal case proceeds separately in court, where the stop, the testing and the prior conviction itself can all be challenged.
Second-offense DUI cases from Rancho Cucamonga, Alta Loma, Etiwanda, Upland, Ontario, Montclair, Chino and Chino Hills are usually heard at the Rancho Cucamonga Courthouse on Haven Avenue in San Bernardino Superior Court. In 2023, Rancho Cucamonga recorded 66 alcohol-involved injury or fatal collisions and 173 DUI arrests, according to the California Office of Traffic Safety.
Second DUI Defense Built on Trial Experience
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Second DUI Penalties in San Bernardino County
Court Penalties Under VC 23540
- Jail: 96 hours to 1 year in county jail. Some courts allow house arrest, work release or a community work program for part of it.
- Fines: $390 to $1,000 base fine, which grows to several thousand dollars once penalty assessments are added.
- Probation: Three to five years of summary (informal) probation.
- DUI School: An 18-month multiple-offender program, or 30 months in some cases.
- Ignition Interlock Device: Typically required for one year on any vehicle you own or drive.
A prior counts if it is a DUI conviction or a wet reckless (VC 23103.5) for an offense within 10 years of the new arrest. Out-of-state DUI convictions can count as well.
License and DMV Consequences
- DMV Hearing Deadline: You have 10 days from the arrest to request an Administrative Per Se hearing, or the suspension takes effect automatically.
- Administrative Suspension: A 1-year suspension starts 30 days after the arrest when you have a prior within 10 years.
- Conviction Suspension: A second DUI conviction brings a 2-year suspension, with an IID-restricted license often available after 90 days.
- Chemical Test Refusal: Refusing a test with one prior leads to a 2-year revocation and longer jail exposure.
- Reinstatement: Requires the full suspension period, an SR-22 insurance filing and completion of the multiple-offender program.
When a Second DUI Becomes a Felony
Most second DUIs are misdemeanors. A second DUI that causes injury under VC 23153 can be filed as a felony, and any DUI after a prior felony DUI is a felony. A BAC of 0.15% or higher, a test refusal, excessive speed or a child under 14 in the car can add jail time and stricter probation.
What the Ignition Interlock Device Requires
You blow into the device before the car starts and at random retests while driving. It logs every sample for the court, needs service about every 60 days, and must be installed by a certified provider at your cost. Having someone else blow into it is a crime.
A former prosecutor, now on your side.
Daniel Kolacia was admitted to the State Bar of California in 2006. He served as a Deputy District Attorney in Riverside County and later as a county attorney in Iowa, and he handled cases ranging from DUI and drug charges to white collar crime and homicide. In 2021 he opened Kolacia Law to put that experience to work for the accused.
2006
ADMITTED TO THE BAR
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JURY TRIALS
200+
BENCH TRIALS
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Recent Case Results
Dismissals, diversions, sealed records and reduced charges: a sample of how we have fought for our clients.
Prior results do not guarantee a similar outcome. Every case is different and depends on its own facts and circumstances. Client last names are abbreviated for privacy.
What Happens When You Call
Free consultation and case review
DMV hearing request within 10 days
Defense and alternatives to jail
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Pay 50% of the flat fee upfront and spread the balance over several months (a one-time service fee applies). We accept cash, checks, and credit and debit cards, and Affirm financing is also available.
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Trusted in the Legal Community and Close to Home
California Attorneys for Criminal Justice
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