For those that do not learn their lesson from their first DUI conviction, California’s penalties for a second DUI increase, at times dramatically. A second DUI is any DUI charge that occurs within 10 years of the first DUI charge. Only DUI convictions count, so being arrested for DUI and then being found innocent will not count towards this record. A second DUI includes a mandatory jail sentence of at least 96 hours in jail. Unlike with first-time DUIs, this typically cannot be waived. A person convicted of a second DUI will also have to attend a much longer DUI school, ranging from 18 to 30 months of classes, at their own expense. A second DUI conviction will also require the installation of an ignition interlock device on the person’s car.
The Sacramento Bee reports on a man facing his second DUI charge along with a woman who is also facing DUI charges.
On Saturday, July 14th, a hit-and-run collision occurred in Petaluma, California. The suspects raced away from the scene and the police were given a description of the fleeing vehicle.
Police found the car just after 9 p.m., with 28-year-old Rudolf Giancola behind the wheel. According to officers, Giancola displayed obvious signs of intoxication.
However, Giancola was not the one behind the wheel at the time of the accident. Giancola had switched seats with 28-year-old Mary Stewart.
According to authorities, both suspects had blood-alcohol levels of more than twice the legal limit of .08%.
Police figured out that the suspects had switched seats after the accident while questioning the suspects. Giancola took Stewart’s place behind the wheel after they fled from the accident.
Both Stewart and Giancola were arrested on suspicion of DUI charges.
Giancola is currently on probation for a previous DUI conviction.