Will I Lose My License After My Second DUI?

Yes, you can lose your license after your second DUI in California, and the penalties are typically more severe than for a first offense.

A second DUI conviction within 10 years can trigger both criminal and administrative license suspensions. The Department of Motor Vehicles (DMV) and the court system each have the authority to suspend your driving privileges, sometimes even before your case goes to trial. 

Because of the risk to your freedom and ability to drive, it’s important to take action immediately after an arrest. Our Los Angeles second offense DUI lawyer team can help you understand the consequences and what steps to take next.

Contact our Los Angeles DUI Lawyer team today for help with your case.

How Long Is My License Suspended for a Second DUI?

After a second DUI, the length of your license suspension depends on both the court’s decision and the DMV’s findings. These are two separate processes, and each one can result in the loss of your driving privileges.

At Los Angeles DUI Lawyer, we can connect you with a defense attorney who understands how to approach both the DMV and court procedures. With the right legal strategy, it may be possible to reduce the length of your suspension or challenge it entirely.

Here’s what you can expect:

• Court-ordered suspension: If you’re convicted of a second DUI, the court may suspend your license for up to two years. This typically begins with a hard suspension period during which you cannot drive at all. Depending on the outcome, you may qualify for a restricted license later.
• Administrative (DMV) suspension: The DMV can also issue its own suspension based on a failed chemical test or test refusal. This action is separate from the court process. A failed test usually results in a one-year suspension, while refusing to test can lead to a two-year suspension.

Because these penalties may overlap, we help ensure both cases are handled properly and on time. Taking early steps makes a major difference in protecting your driving privileges.

Can You Still Drive With a Restricted License?

In many cases, yes. After a second DUI, you may qualify for a restricted license that allows you to drive to work, school, medical appointments, and court-ordered programs. Eligibility depends on the details of your case and how quickly you meet the legal requirements.

To apply for a restricted license, you’ll typically need to:

• Complete a mandatory hard suspension period, often 90 days
  
• Enroll in a court-approved DUI education program
  
• Install an ignition interlock device (IID) on your vehicle
  
• Provide proof of financial responsibility (SR-22 insurance)
  
• Pay the required DMV fees

The ignition interlock device must be installed in any vehicle you plan to drive. It prevents the engine from starting until a clean breath sample is provided. For most second offenses, this requirement is non-negotiable.

What If You Refused a Chemical Test?

Refusing to take a breath or blood test after your DUI arrest can lead to longer license suspensions and fewer options. Under California’s implied consent law, refusal triggers an automatic suspension, even if you are not convicted in court.

For a second offense, that suspension can last up to two years, and you will not be eligible for a restricted license. We recommend acting quickly in cases involving refusal so that your options are preserved wherever possible.

Will Your License Be Suspended Immediately?

In many cases, yes. If you failed a chemical test or refused testing, the arresting officer will issue an Administrative Per Se (APS) suspension on the spot. You’ll be handed a pink temporary license that is valid for 30 days.

You only have 10 days from the date of arrest to request a DMV hearing to challenge this administrative suspension. If you miss that deadline, the DMV will proceed with the suspension automatically.

We can help you initiate the hearing request, gather evidence, and prepare a defense to protect your license as early in the process as possible.

How Is a Second DUI Defined in California?

A second DUI is any new DUI charge that occurs within 10 years of a previous DUI or “wet reckless” conviction. That 10-year period is measured from the date of your first arrest or conviction to the date of your current charge.

You may be treated as a second-time offender if:

• You were previously convicted of a DUI or wet reckless within California
  
• Your prior conviction occurred out of state and matches California DUI criteria
  
• You entered a plea deal on your first DUI case that still counts as alcohol-related

Being charged with a second offense automatically triggers enhanced penalties, including longer suspension terms and higher fines.

What Other Penalties Come With a Second DUI?

Beyond losing your license, a second DUI conviction can result in serious consequences that affect your freedom, finances, and criminal record. These may include:

• Fines and court fees: Second DUIs often lead to several thousand dollars in financial penalties
  
• Jail time: Sentences can range from 96 hours to 12 months in county jail
  
• Probation: You may be placed on informal probation for three to five years
  
• DUI education programs: Second-time offenders are typically required to complete an 18- to 30-month course

Depending on the details of your case, the court may also impose additional terms such as community service, alcohol monitoring, or treatment programs.

How Can You Challenge the Suspension?

There are two main paths we can help you pursue if you’re hoping to avoid or shorten a license suspension:

1. DMV hearing: You must request this hearing within 10 days of your arrest. At the hearing, your attorney can question the legality of the stop, examine testing procedures, and present evidence in your defense.
2. Criminal court case: Separately, we help connect you with an attorney to defend your case in court. A dismissal or charge reduction can affect how long your license is suspended, or whether it’s suspended at all.

Because both processes run on independent tracks, you need a coordinated strategy to address them at the same time. We help make sure everything is filed properly and on time.

We Help You Take the Right Steps After a Second DUI

A second DUI arrest is serious, and the penalties start to take effect almost immediately. License suspension, court appearances, and program requirements can overwhelm even the most prepared person.

At Los Angeles DUI Lawyer, we serve as a resource for individuals facing DUI charges. We can connect you with a DUI defense attorney who knows how to challenge license suspensions, navigate both court and DMV procedures, and fight for the best possible outcome in your case. Whether you’re hoping to keep your license or qualify for a restricted one, we’re here to guide you toward the legal support you need.