Guide To DUI Laws
If you are convicted of driving under the influence (DUI) in California, the penalties you will face depend on a number of circumstances.
The facts of the case and the characteristics of the offender, often classified as “aggravating or mitigating factors,” typically come into play whether the conviction results from a plea deal or a jury verdict.
However, the maximum and minimum sentences a judge can impose are established by law. In large part, these allowable sentencing ranges depend on the number of prior DUI convictions the defendant has.
In California, driving under the influence (DUI) counts as a prior conviction for ten years. Therefore, a DUI that occurred more than ten years ago disappears for the purposes of determining whether a current DUI is a repeat offence.
DUI Penalties Can Be Avoided Or Reduced
The DUI consequences described below may be reduced or eliminated if the charges are dismissed or reduced to a lesser offence.
Even a DMV license suspension can be fought if you act quickly and hire a Los Angeles DUI attorney. A skilled DUI attorney can request a DMV hearing to save her license and use a variety of negotiation and defense strategies to achieve the best possible outcome for your case.
First Offence DUI
A first DUI conviction in California is a misdemeanour. The convicted motorist faces the following penalties.
Fines A first DUI carries $390 to $1,000 in fines, plus a number of “penalty assessments” that can substantially increase the amount the driver has to pay. The total can be up to $3,600.
Jail A first offender can receive 48 hours to six months in jail. But if the judge orders probation, which occurs in most cases, there is no mandatory jail time.
Often, judges are lenient on first offenders and do not order jail time as part of the sentence.
License Suspension
For a first DUI conviction, there is usually a six-month license suspension. There is also a four-month administrative suspension period imposed by the Department of Motor Vehicles (DMV) if the driver has a blood alcohol concentration (BAC) of 0.08% or more. (Drivers who refuse BAC testing face a one-year administrative suspension.) However, if two suspensions are imposed, they are normally allowed to overlap.
So the driver will not have to complete two full suspensions. After completing a 30-day “hard suspension” period, a driver may be able to obtain a restricted license to drive to and from places such as work and school.
Conditional Freedom
First DUI offenders typically receive a three-year term of informal probation (although it can be up to five years). As a condition of probation, the defendant typically must complete a three-month DUI school, which consists of 30 hours of classes. However, for defendants who had a BAC of .20% or higher, the program is nine months in length and 60 hours of class time.
Second Offense Dui
A second DUI conviction is a misdemeanour in California. The convicted motorist faces the following penalties.
- Fines for a second DUI are the same as those for a first offence: $390 to $1,000 plus penalty fees that can increase the total up to $4,000.
- Jail: Repeat offenders face 96 hours to a year in jail. However, jail time can sometimes be served on house arrest or through jail-work-alternative programs.
- License Suspension: For a second DUI, there is a two-year suspension that comes from criminal court and a 12-month administrative suspension for offences involving a BAC of .08% or higher. The two suspensions, however, are generally allowed to overlap. The motorist can apply for a restricted license after completing a hard suspension period of 90 days (one year if the crime was committed while drugged driving.)
- Conditional Freedom: Repeat DUI offenders typically receive a three-year term of informal probation (although it can be up to five years). As a condition of probation, the defendant must complete an 18 or 30 month DUI school; The judge can decide what kind of order.
- Vehicle: Mandatory installation of the ignition interlock device in your vehicle.
Third Offense Dui
In California, a third of driving under the influence of alcohol or drugs (DUI) is typically a misdemeanour. A conviction carries the following penalties.
- Fines. As with a first and second offence, fines for a third DUI are $390 to $1,000 plus fines that can increase the total up to $18,000.
- Jail. A third DUI results in a jail sentence of 120 days (30 days if probation is granted and a 30-month DUI school ordered) to one year.
- License Suspension. For a third DUI, there is a three-year suspension that comes from criminal court and a 12-month administrative suspension for offences involving a BAC of .08% or higher. However, the two suspensions were generally allowed to overlap. The motorist can apply for a restricted license after completing a hard suspension period of six months (one year if the crime was committed while drugged driving.)
- Conditional Freedom. Most third-party DUI offenders must complete three to five years of informal probation. As a condition of probation, the judge has the power to order a 30-month DUI school.
- Vehicle. Mandatory installation of the ignition interlock device in your vehicle.