subject: Basics Of California Dui Penalties And Punishments [print this page] California DUI penalties largely depend on the factors surrounding the DUI case and the county that has the jurisdiction over it.
Aggravating factors can also increase the penalties especially your county jail or state prison sentence.
Examples of aggravating factors are:
Having a Blood Alcohol Content (BAC) of 0.15% up
Refusing to undergo a chemical test
Causing a car accident
Speeding
Having children below 14 years of age in the car
Being under the age of 21
Driving with a suspended license
DUI is a priorable offense, which means that the punishment increases for succeeding DUI convictions.
The time frame is 10 years, so all DUI convictions within that time will be counted.
To have an idea on the punishments you may receive for a DUI conviction, here is a summary of the minimum penalties for each offense.
Take note though that this is the minimum and you may need your DUI lawyer to advocate for you.
Probation
First and second DUI convictions can result in 3-5 years of court probation. There is no probation officer to report to but drinking and driving is absolutely prohibited.
Third conviction may result to a formal probation of 3-5 years where you would have to regularly report to a probation officer.
Fine
First convictions can be met with a $1,400 to $1,800 fine.
Second and third convictions can be met with a $1,800 to $2,800 fine.
All fines can be paid in full within 45 days or over time with an additional charge.
Some courts allow part of the fine to be converted to community service.
Suspension of Drivers License
First conviction may result to a suspension of drivers license for 6 months.
Second conviction may result to a suspension of drivers license for 2 years.
Third conviction may result to a suspension of drivers license for 3 years.
DUI School
Depending on your BAC, the courts may require you to attend DUI School from 12 hours to as much as 45 hours for your first DUI conviction. This will also depend on your DUI lawyer as well.
The courts may require you to attend DUI School for 18 months for your second and third convictions.
Jail Time
First DUI conviction may land you in jail for at least 48 hours.
Second DUI conviction comes with a required 96 hours of jail time though some counties insist on at least 10 days to as much as 30 days.
Third DUI conviction requires at least 120 days of jail time with some counties insisting on at least 210 days to a full year.
Jail time for first and second convictions can be converted to work service.
Jail time for a third conviction can be converted into alternative methods such as home arrest or rehab.
Fourth Offense
A DUI conviction can be considered a felony DUI and may carry penalties of at least 3 years in prison and permanent cancellation of license among others.
You should consult an expert DUI attorney to advocate in your behalf and get a just ruling on your case.
