Vehicle Code 23540 is the sentencing statute for a second DUI within ten years. Because the first conviction counts as a prior, the minimums climb, but a second offense is still a misdemeanor in the ordinary case and there is real room to work.
What the statute provides
A second offense carries a county jail range with a meaningful mandatory minimum, a longer 18-month licensed DUI program, three to five years of probation, a two-year license suspension with the option of an interlock-restricted license, and higher fines. An ignition interlock is generally required.
The prior is the target
The increased penalties depend entirely on the prior conviction counting. The prior has to fall within the ten-year window and has to have been validly obtained. If the prior can be challenged or does not qualify, the case may be treated as a first offense, which changes the minimums dramatically.
Where to start
A second offense is serious but workable, and the prior is where the defense often begins. Get a free written case analysis below or call me directly. See also the second-offense overview.