In California, conviction for the offense of DUI (Driving Under the Influence) carries stiff penalties & punishments. Generally speaking the Bay Area counties in Northern California — San Mateo, Santa Clara, Contra Costa, Marin, Alameda, San Francisco, Santa Cruz, Napa, and Sonoma — have similar provisions for DUI penalties & punishments.
The California DUI penalties & punishments listed below are based on a non-enhanced DUI conviction. If there are any "aggravating" factors, then the penalties & punishments are significantly increased. Those factors can include the following: child in the car (under 14 years old), speeding, driving on a suspended or restricted license, accidents, high blood alcohol content (over .20), and more.
With that in mind, what follows is an outline of what penalty & punishment to expect for such a DUI conviction. Again, these are the minimal DUI penalites & punishments the court can impose. In order to receive such penalty & punishment, you probably will need someone to advocate on your behalf.
As of 2005, the period for prior DUI offenses is 10 years. Regardless of when a prior DUI offense occurred and what the DUI law was at the time, if the first occurrence was within 10 years of the second, it counts as a prior DUI offense.
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Probation |
3-5 years of Court Probation |
This means no probation officer to report to, but absolutely no drinking and driving during that time period. |
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Fines & Fees |
A fine, including court fees and costs of $1400-$1800 |
This can be paid over time for an additional charge or in-full within 45 days. In some courts, you can work off part of the fine through community service. |
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Driver License |
Six-month loss of California Driver License |
As of September 2004, it is up to the Department of Motor Vehicles to decide if a restricted California Driver License should be issued. A suspension means absolutely no driving, while a restriction allows driving to and from work or school |
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DUI School |
DUI (Driving Under the Influence) School |
Depending on your Blood Alcohol Level, DUI school may be meted out as few as 12 hours or as many as 45. This is dependant on your attorney as well. The California Department of Alcohol and Drug Programs maintains a list of DUI Schools |
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Jail Time |
MANDATORY JAIL TIME |
There is a likely requirement of 48 hours of jail time on a first-offense DUI. It is possible to have this time converted to work service. |
* In addition, starting July 1, 2010, individuals arrested and then convicted of a first-offense DUI, in Alameda, Los Angeles, Tulare, and Sacramento counties will be required to install an Ignition Interlock Device on their vehicle for five months (or 12 months if an injury was involved). This is a pilot program, which is why the penalty only applies to these four counties.
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Probation |
3-5 years of Court Probation |
This means no probation officer to report to, but absolutely no drinking and driving during that time period. |
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Fines & Fees |
A fine, including court fees and costs of $1800 to $2800 |
This can be paid over time for an additional charge, or in-full within 45 days. In some courts, you can work off part of the fine through community service. |
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Driver License |
2 Year loss of California Driver License |
As of September 2004, it is up to the Department of Motor Vehicles to decide if a restricted California Driver License should be issued. A suspension means absolutely no driving, while a restriction allows driving to and from work or school. Your lawyer may be able to obtain a restricted license for you after one year. You will also have to install an ignition interlock device (breath tester) on your vehicle. |
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DUI School |
DUI (Driving Under the Influence) School |
This will be for 18 months. The California Department of Alcohol and Drug Programs maintains a list of DUI Schools |
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Jail Time |
MANDATORY JAIL TIME |
There is a required 96 hours of jail time on a second-offense DUI. It is possible to have this time converted to work service. Many counties will insist on at least 10 days of jail, but some require 30 or more. |
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Probation |
3 to 5 years of Court or FORMAL Probation |
Court Probation means no probation officer to report to, but absolutely no drinking and driving during that time period. |
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Fines & Fees |
A fine, including court fees and costs of $1800-$2800 |
This can be paid over time for an additional charge, or in-full within 45 days. In some courts, you can work off part of the fine through community service. |
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Driver License |
Up to 10 (minimum three) years loss of California Driver License |
As of September 2004, it is up to the Department of Motor Vehicles to decide if a restricted California Driver License should be issued. A suspension means absolutely no driving, while a restriction allows driving to and from work or school. |
|
DUI School |
DUI (Driving Under the Influence) School |
This will be for 18 months. The California Department of Alcohol and Drug Programs maintains a list of DUI Schools |
|
Jail Time |
MANDATORY JAIL TIME |
There is a required 120 days of jail time on a third-offense DUI. It is possible to have this time converted to some alternative such as home arrest, rehab, or some combination of these. Many counties will insist on at least 210 days of jail, while some counties require one full year |
If this is your fourth or more DUI offense, it will likely be considered a felony DUI. Punishment for such an offense includes up to three years in state prison, permanent loss of license, and other consequences.
If anyone was injured in connection with a DUI, it may be charged as either a felony DUI or a misdemeanor DUI. These cases have substantial impact involving jail and loss of license.
If your case is a fourth-offense DUI, involves injury to you or another, or occurred within ten years of a prior DUI felony, then you need immediate help. Contact us at once.