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DUI PENALTIES AND CONSEQUENCES

                        

 The DUI penalties and consequences listed below are the minimum statutory Court and DMV sanctions for DUI convictions and Administrative DMV sanctions for driving with an alcohol level of 0.08% or greater or willfully refusing to submit to a chemical test.  It is important to remember that every County and each Court within every County have different sentencing policies and those differing policies extend to the individual Judges within each Court.

 

What Are The Penalties For A 1st Offense DUI?

PROBATION:

3 to 5 years informal probation

JAIL: 

48 hrs up to 6 months jail time may be imposed

COURT FINES:

Minimum $390 fine to maximum of $1000. Note, however that the $390 minimum fine, after adding penalty assessments & miscellaneous court fees, results in a total amount due of approximately $2,200.00

DUI SCHOOL:  

  • Attendance at First Offender Program (FOP) required
  • BAC ≤ .14 – 3-month FOP
  • BAC 15 to .19 – 6-month FOP
  • BAC ≥ .20 – 9-month FOP
  • Refusal – 9-month FOP

COURT MAY ALSO ORDER:

  • Impound Vehicle up to 30 days if owned by defendant
  • Ignition Interlock Device for up to 3 years.  After July 1, 2010, First Offenders get a mandatory 5 month Ignition Interlock installation requirement if convicted in Los Angeles, Alameda, Sacramento or Tulare counties)
  • Reimbursement to the Arresting Police Agency for Booking Fees
  • Payment of Emergency Response Costs
  • INCREASED PENALTIES FOR DUI ENHANCEMENTS (IN ADDITION TO THE ABOVE):
  • Passenger in Vehicle Under Age 14 –
    Mandatory additional 48 hours Jail
  • Speeding ≥ 30 mph on Freeway or ≥ 20 mph on Street or Highway –
    Mandatory additional 60 days Jail
  • DMV ACTION UPON CONVICTION:
  • 6-month license suspension (no driving whatsoever)
  • 10-Month license suspension if BAC >0.20% or refusal
  • Restriction Eligibility: Upon meeting certain requirements, DMV will issue a restricted license in lieu of the suspension. A restricted license allows driving to and from and during the course of employment and to and from the First Offender Program. Note, court may order no restriction eligibility

SEPARATE DMV ADMINISTRATIVE PER SE SUSPENSION ACTION:

  • BAC < .08 –
    No action taken – suspension set aside
  • BAC ≥ .08 –
    4-month suspension with eligibility to obtain restricted license after serving 30-day suspension & upon meeting certain DMV requirements
  • Refusal –
    1-year mandatory suspension with no option for restricted license

 

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What Are The Penalties For A 2nd Offense DUI?

PROBATION:

3 to 5 years informal probation

JAIL:

One year jail maximum; 96 hrs minimum mandatory jail.   In Orange County, District Attorneys will ask for 45 – 180 days or more in jail depending upon facts of your case including the amount of priors and their age; whether you were on probation; your blood alcohol level; if you were involved in an accident and any other relevant consideration in aggravation.

COURT FINES:

  • Minimum $390 fine to maximum of $1000. Note, however that the $390 minimum fine, after adding penalty assessments & miscellaneous court fees, results in a total amount due of approximately $2,200.
  • DUI SCHOOL: Attendance at 18-month Multiple Offender Program (FOP) required

COURT MAY ALSO ORDER:

  • Impound Vehicle up to 30 days if owned by defendant
  • Ignition Interlock Device for up to 3 years

INCREASED PENALTIES FOR DUI ENHANCEMENTS (IN ADDITION TO THE ABOVE):

  • Passenger in Vehicle Under Age 14 –
    Mandatory additional 10 days Jail
  • Speeding ≥ 30 mph on Freeway or ≥ 20 mph on Street or Highway
    Mandatory additional 60 days Jail

DMV ACTION UPON CONVICTION:

  • 2-year license suspension (no driving whatsoever)
  • Restriction Eligibility: After serving 90 days of the suspension, you can apply for a restricted license if certain conditions are met, which will include installing an ignition interlock device on your vehicle. A restricted license allows driving to and from and during the course of employment and to and from the Multiple Offender Program. Note, court may order no restriction eligibility.  This IID restriction does not apply to persons who have been convicted of DUI drugs or those who have refused a chemical test.

SEPARATE DMV ADMINISTRATIVE PER SE SUSPENSION ACTION:

  • BAC < .08 –
    No action taken/suspension set aside
  • BAC ≥ .08 –
    1-year mandatory suspension with no option for restricted license.  This suspension can be stayed if IID restriction is granted after a conviction for an alcohol related second offense DUI.
  • Refusal/Forced Blood –
    2-year license revocation (no option for restriction)

 

 

What Are The Penalties For A 3rd  Offense DUI?

PROBATION:

3 to 5 years informal probation

JAIL:

120 days minimum mandatory jail up to one year jail maximum.  District Attorneys in Orange County routinely ask for between 270 and 364 days in jail for 3rd offenders depending on the age of the prior convictions, the BAC level, probation status and other aggravating factors.

COURT FINES:

Minimum $390 fine to maximum of $1000. Note, however that the $390 minimum fine, after adding penalty assessments & miscellaneous court fees, results in a total amount due of approximately $2,200.

DUI SCHOOL:

Attendance at 18-month or 30-month Multiple Offender Program (MOP) required.  You must complete the initial 12 months of this program before you can become eligible for a restriction.

COURT MAY ALSO ORDER:

  • Impound Vehicle up to 90 days if owned by defendant
  • Ignition Interlock Device for up to 3 years

INCREASED PENALTIES FOR DUI ENHANCEMENTS (IN ADDITION TO THE ABOVE):

  • Passenger in Vehicle Under Age 14 –
    Mandatory additional 30 days Jail
  • Speeding ≥ 30 mph on Freeway or ≥ 20 mph on Street or Highway –
    Mandatory additional 60 days Jail

DMV ACTION UPON CONVICTION:

  • 2-year license suspension (no driving whatsoever)
  • Restriction Eligibility: After serving 180 days of the suspension and enrolling in the Multiple Offender Program, you can apply for a restricted license if certain conditions are met, which will include installing an ignition interlock device on your vehicle. A restricted license allows driving to and from and during the course of employment and to and from the Multiple Offender Program. The DMV will not grant an early IID restriction in refusal cases, DUI drug cases or if you were on probation at the time of the current offense.  ( This exclusion has been successfully challenged in Writ Proceedings in California) Note, court may order no restriction eligibility

SEPARATE DMV ADMINISTRATIVE PER SE SUSPENSION ACTION:

  • BAC < .08 –
    No action taken – suspension set aside
  • BAC>.08%
    1-year mandatory suspension which may be stayed after 180 days if IID restriction is granted after Court conviction for alcohol DUI conviction
  • Refusal/Forced Blood –
    3-year license revocation (no option for restriction)

 

What Are The Penalties For A 4th  Offense DUI?

PROBATION:

3 to 5 years formal probation

JAIL:

16 Mo. to 3 Years in State Prison with possibility of further sentence enhancements based on conduct and prior record. If probation is granted, up to 1 year in County Jail with a minimum of 180 days.  District Attorneys will push for prison sentences and oppose probation in most 4th offense cases.

COURT FINES:

Minimum $390 fine to maximum of $1000. Note, however that the $390 minimum fine, after adding penalty assessments & miscellaneous court fees, results in a total amount due of approximately $2,200

DUI SCHOOL:

Attendance at 18-month or 30-month Multiple Offender Program (FOP) required.  You must complete the initial 12 months of this program to be eligible for a restricted license.

COURT MAY ALSO ORDER:

  • Impound Vehicle up to 90 days if owned by defendant
  • Ignition Interlock Device for up to 3 years

INCREASED PENALTIES FOR DUI ENHANCEMENTS (IN ADDITION TO THE ABOVE):

  • One year enhancement for every prior prison term
  • Subjected to Three Strikes Law with prior serious and violent felony
  • Refusal/Forced Blood –
    Mandatory additional 18 days Jail
  • Passenger in Vehicle Under Age 14 –
    Mandatory additional 90 days Jail
  • Speeding ≥ 30 mph on Freeway or ≥ 20 mph on Street or Highway –
    Mandatory additional 60 days Jail

DMV ACTION UPON CONVICTION:

  • 4-year license revocation (no driving whatsoever).  May be converted into an ignition interlock restriction after an actual one year suspension and completion of the initial 12 months of the alcohol program, upon proof of compliance with requirements of Vehicle Code 13352(a)(10)  The DMV will not grant an early IID restriction in refusal cases, DUI drug cases or if you were on probation at the time of the current offense.  ( This exclusion has been successfully challenged in Writ Proceedings in California)

SEPARATE DMV ADMINISTRATIVE PER SE SUSPENSION ACTION:

  • BAC ≥ .08 –
    1-year mandatory suspension with no option for restricted license
  • Refusal/Forced Blood –
    3-year license revocation (no option for restriction)

WHAT ARE THE PENALTIES FOR DUI INJURY CASES?

A DUI injury case can be charged in a number of different ways depending on the seriousness of the injuries to the victim.  Very minor injuries generally result in the filing of a misdemeanor which carries a penalty of at least 5 days in jail and a one year hard suspension of driver’s license.  Any significant injury will result in a felony filing which could result in a sentence range of 16 months to 36 months in prison with a maximum sentence of one year in county jail if probation is granted.  Convictions for persons having prior convictions for DUI are significantly enhanced as seen in the charts below.  If the victim suffers great bodily injury, a special enhancement allegation under Penal Code 12022.7 makes the charge a serious and violent felony (STRIKE) which adds a mandatory minimum 3-5 years onto the sentence and limits good time/work time credits to 15% rather the normal 50%

 

 

 

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Selected Only OC DUI Super Lawyer 2014-2017

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By Barry T. Simons: “It is my honor and privilege to fight for my clients; challenge unjust laws; protect our Constitution and to be a thorn on the side of injustice”.

By Barry T. Simons: “It is my honor and privilege to fight for my clients; challenge unjust laws; protect our Constitution and to be a thorn on the side of injustice”.