If a driver is charged with DUI and has a prior conviction within the last 10 years, that driver will be charged with a second DUI. It is up to the judge to determine a defendant's sentence.
The second DUI conviction requires at least two days in jail, but can be up to one year. Fines can be up to $2,000. It is still considered a misdemeanor.
If the driver faces an excessive DUI charge and has a previous conviction of excessive DUI within 5 years it becomes a felony violation. The driver will face a mandatory 30 days in county jail, or up to five years in the state penitentiary. Fines increase to $5,000, and driver's license suspension lasts for 5 years with one year mandatory no driving privileges upon release and the installation of an ignition interlock device.