What Happens When You Get a Second (or Third) DUI: Risks and Penalties

Repeat DUI offenses bring tougher penalties, higher costs, and a greater risk of losing your license, but there are ways to protect yourself from getting a second or third DUI.

If you’re facing a DUI second offense, you may be feeling discouraged and somewhat defeated. Having been through a DUI conviction before, you're already familiar with the costs, both financially and emotionally, that come with a drunk driving violation.

But penalties may be more severe than they were the first time around. The courts and DMV take repeat drunk driving violations seriously, often imposing longer sentences, increased fines, and mandatory programs. A third-offense DUI brings even steeper consequences, including a strong chance of serving time in jail.

When the stakes are this high, it's even more important to understand all the details and make informed decisions.

This informational blog provides information about DUI and related insurance, but it should not be used as legal advice. Always consult a qualified DUI attorney to assist with any drunk driving charge you may be facing. If you have immediate questions, call a Breathe Easy licensed insurance agent at (833) 786-0237.

So You Got Another DUI. How Bad Is It?

A first DUI is often seen as a lapse in judgment, but repeat offenses are treated as a pattern of risky behavior. Sharper penalties for a second DUI offense are intended to encourage drivers to take steps to correct unsafe habits.

Most states have a lookback period, also called a washout period. This is a window of time when a previous DUI counts against you if you get another. Texas and California both have a 10-year lookback period. If you get a DUI in either of these states within that time period, it counts as a second offense. The amount of time a DUI stays on your record can affect your risk of facing penalties for a repeat offense.

What Are the Consequences of a Second DUI Offense?

Specific laws vary by state, but most states increase fines and impose stricter requirements for a DUI second offense. Some states also require mandatory jail time.

Financial Consequences

In most states, getting a second DUI will have a significant impact on your pocketbook. Here are a few of the costs you're likely to face.

Increased Fines

Fines for a second DUI offense are often significantly higher. In California, fines for a DUI second offense typically range from $500 to $1,000. Court fees and penalty assessments can push the total to $2,000 or more. A second DUI (DWI) offense in Texas comes with fines of up to $4,000.

Higher Insurance Costs

Insurance carriers view drivers with multiple DUIs as significantly higher risk. This can cause auto insurance premiums to double or even triple.

SR-22 Cost Increases

Most states require insurance coverage with an SR-22 certificate following a DUI conviction. A second DUI offense typically extends the time this must be kept on file, often by three to five years.

While the filing fees are small, the real cost comes from the higher insurance premiums you’ll pay during the requirement period.

If you’re facing a DUI second offense, the cost of SR-22 insurance can be far more expensive. Breathe Easy Insurance helps you stay compliant without overpaying. Compare options from DUI-forgiving carriers now.

Risk to Your License

A second DUI often brings a longer suspension than the first. In California, a second DUI offense requires a license suspension of one year (or a revocation of two years if you refuse to take a chemical test). In Texas, you’ll face a license suspension of up to two years for a second DUI.

Chances of Going to Jail for a Second DUI Offense

The chances of going to jail for a second DUI offense vary by state. In Texas, a second DWI typically requires a minimum of 30 days in jail, with a maximum of one year. California has a minimum of 96 hours and a maximum of one year.

What Are the Consequences of a Third DUI Offense?

A third-offense DUI comes with even more serious consequences. In some states, the court will charge you with a felony, and you'll face penalties that affect nearly every part of your life.

• Increased fines: In California, fines range from $2,500 to $3,000. In Texas, the amount can be as high as $10,000.
• Higher insurance costs: After a third DUI, premiums can skyrocket. Some companies refuse coverage altogether, limiting your options.
• SR-22 cost increases: The filing period may last even longer than after a second DUI, adding extra insurance costs.
• Risk to your license: Most states impose multi-year license suspensions or even permanent revocation. Some states require proof of treatment or additional court approval before granting reinstatement.
• Chances of jail time: Jail time is highly likely after a third DUI. In California, you may face a sentence of 120 days to one year, with the possibility of state prison if aggravating factors are present. In Texas, a third DUI is a felony with a sentence of two to 10 years in prison.

50 states mean 50 sets of DUI laws. For more insights into state drunk driving guidelines, charges, and penalties for multiple DUI offenses, check out these state-specific resources on DUI.org.

How Insurance Companies View Repeat DUI Offenses

Insurance companies treat drivers with DUI convictions as high-risk drivers, and many states let insurers cancel your policy during the term or refuse to renew it when it’s finished. In states like California, insurers usually can’t cancel your policy mid-term unless you commit fraud or miss payments, but they can still decide not to renew when your policy ends if you have DUI convictions.

Most insurance carriers simply choose not to renew policies for drivers with repeat offenses, so you end up losing access to standard coverage. As a result, you have to look for specialty high-risk or non-standard insurance, which comes with much higher prices and tougher rules.

This is where connecting with Breathe Easy can help. We will shop for better rates that are less likely to skyrocket or non-renew at renewal and we make comparison shopping painless by gathering quotes from up to 11 carriers in just one phone call. Give our licensed insurance agents a call at (833) 786-0237.

Strategies to Avoid Multiple DUIs

Not only does avoiding a second or third DUI protect your license, it can also protect your safety, finances, and future. These strategies may reduce the risk of committing a second offense.

Choose a Voluntary IID Installation

An ignition interlock device (IID) is a breathalyzer installed in your car that keeps you from starting the engine when alcohol is detected on your breath. Many states require them after a DUI, but you can also choose to install one voluntarily from a company like Intoxalock for extra accountability.

Carry a Personal Breathalyzer

You can also utilize a personal breathalyzer. Devices like Keepr let you test your breath alcohol concentration (BrAC) before deciding whether to drive. Remote alcohol monitoring is a valuable tool because it enables real-time alcohol testing in a user-friendly and non-invasive way. Incorporating Keepr into your post-DUI routine can help support recovery and sobriety.

Don’t Be Caught Off Guard by a Second or Third DUI Offense

A DUI second offense can lead to major fines and skyrocketing insurance rates. Even worse, you could face years without a driver’s license and mandatory jail time.

Prevention tools like Keepr and Intoxalock help you avoid repeating mistakes. If you do end up with another offense, Breathe Easy Insurance can guide you through the SR-22 requirements and compare quotes from DUI-forgiving carriers. Call 833-786-0237 today to get started.