What are the Penalties for a DUI?
[2009-05-30]
Matthew J. Ruff
Initially, it is important to emphasize that an arrest for a DUI is not a conviction and will not result in any long term ramifications unless you are convicted by a competent Court or you neglect to request a DMV administrative hearing. With that being said, you must understand if you do not hire a Lawyer to fight the case your chances of avoiding a conviction are not good. Experienced
DUI and DWI
Attorneys such as ourselves have very high success rates for their clients and are able to avoid the mandatory consequences in many cases. The following information assumes the person does not choose to fight his or her DUI or DWI and simply wishes to plead guilty and/or not hire a Lawyer to challenge the DMV suspension:
DMV License Consequences:
Age 21 or Over, and had completed a Chemical Test:
1st Offense: Four months Drivers License suspension.
2nd Offense: One year APS suspension.
3rd Offense: Two year APS revocation.
4th Offense: Three year APS revocation.
Refusal:
1st Offense: Drivers License suspension for one year, with no possibility of
provisional or restricted license.
2nd Offense: License suspension for two years.
3rd Offense: License suspension for three years.
4th Offense: License revocation for four years.
Under 21:
For persons under the age of 21 at the time of the arrest, a one year license
suspension will be imposed. However, an experienced attorney can help in
acquiring a critical need restriction for work, school or medical appointments.
Court Consequences on the 23152 DUI charges
1st Offense:
Some DUI courts do not require jail time on a first-offense, unless there are
grounds for a sentence enhancement (such as a minor in the car, speed
enhancements, a blood alcohol concentration (BAC) of .20% or higher,
refusing the chemical test, or others). Other criminal courts require some jail time (48
hours to 10 days), even on a first offense.
The required alcohol education program will also vary. The standard
program is once a week for 12 weeks; however, where the BAC is .15% or
higher, a six or even nine month program will be ordered.
2nd Offense
(One prior conviction within last 10 years)
:
By law, the mandatory minimum jail time on a second offense DUI is 96 continuous
hours, although this can be served in two 48-hour periods. Some courts will
allow city jail. Still other courts will routinely impose much harsher jail
sentences on a second-offense DWI, with sentences of 30 days or more.
The SB-38 alcohol education treatment program for a second offense DUI is 18
months long. An ignition interlock (IID) device may be required.
3rd Offense
(Two prior DUI convictions within last 10 years)
:
A California mandatory minimum jail sentence of 120 days and 3 year
license revocation. (** New legislation as of 2007 may allow you to obtain a
restricted license for work purposes
)
4th Offense
(Three or more DUI convictions within last 10 years)
:
A fourth offense Drunk Driving conviction is a "wobbler", meaning it can be
charged as a misdemeanor or a felony. Punishment can range from up to one
year in county jail, up to three years in
a California
state prison.
DUI Sentence Enhancements in Court:
Enhancements are added punishments the Judge must order for cases
involving special factors or what the law considers more egregious conduct
,
some examples include:
Refusal to take the chemical test;
BAC of .15% or .20% or higher;
Speeding 20 miles per hour above speed limit on side streets, or 30 mph
over the speed limit on the freeway, where driving recklessly and DUI,
(
requires 60 days in jail
if convicted)
;
Minor in car while driver DUI;
Traffic Accident;
Prior convictions
;
Injuries (VC 23153)
;
Drugs in system in addition to alcohol
Any of these sentencing enhancements can result in additional fines, jail time,
impounding of the car, requirement of attendance at AA meetings or other
educational programs, attendance at a Mothers' Against Drunk Driving
Victim Impact Panel, imposition of the Hospital and Morgue Program, commonly referred to as "HAM", in
patient alcohol treatment, Cal Trans work crew, SR-22 filings, among many others.. Contact our DUI Attorney today for a review of your particular case.