Criminal Defense Q&A: I Got a Second DUI and Never Finished My DUI Class. What Will Happen to Me?

For a second-time DUI, a driver’s license is suspended for 2 years. Vehicle Code §§23542(a)(2), 13352(a)(3). Can a driver get his license back after the 2-year suspension is done — even if he didn’t finish his Alcohol Offender program?

Question:

How can I find out if there’s a statue of limitations on a second DUI ?I was ordered to go to DUI school for 18 months and failed to do so.

Answer:

A second-time DUI is a misdemeanor, and the statute of limitations (read: the deadline for prosecutors file criminal charges) for misdemeanors is 1 year from the date that one allegedly committed the crime. Vehicle Code 23540(a), Penal Code 802(a).

The 18-month DUI class is not imposed unless a person pleads to (or is convicted of) DUI with a prior and is then sentenced to probation. Vehicle Code 23542(b)(1). If the person fails to complete his DUI class, then his probation cannot be successfully terminated and he will be unable to reinstate his driver’s license even after the suspension period is over. Vehicle Code 13352(a)(3).

Ultimately, the main penalty for failing to complete the DUI class is an inability to reinstate one’s driving privilege. (Failing to complete a term of probation also means that the conviction will be much harder to expunge. Penal Code 1203.4(a)(1).) Additionally, driving on a suspended license is a misdemeanor in and of itself. Vehicle Code 14601.2(a).

When on probation for DUI, it is always prudent to make completing the DUI class a priority. Until the DUI class is completed, a defendant is prohibited by law from driving.

Read other criminal defense attorney answers at Avvo: How can I find out if there’s a statue of limitations on a second DUI?