Any DUI arrest is an extremely unpleasant experience that can either get worse or better depending on the steps you take after arrest. There is a very short window of 10 days to act with the DMV and your court case requires an assessment to determine your options. The reality is there are certain minimum mandatory penalties that must be imposed by the court and the DMV. Please call my office and I will be happy to help you make an informed decision how to best handle your case. Although every County is a bit unique as to procedure, punishment, and compliance, the following exposures applies to every case.
Penalties for a first DUI conviction?
Assuming there is no bodily injury the minimum terms for a misdemeanor first conviction are as follows:
- Fines and assessments in $2,000 range depending on County.
- 48 hours to six months in jail.
- Completion of a level one 30 hour dui program or nine months if your blood alcohol level was 0.20% or higher. Completing the program is a requirement for ever being able to get your full license reinstated.
- Loss of your driver’s license for at least 30 days, followed by either a five-month restriction to drive to, from, and for work and to and from an alcohol treatment program.
The maximum penalty is six months county jail, a six-month license suspension ; ten months for blood alcohol level of 0.20%
Probation for a first offender
3 to 5 years court probation with conditions that include: (1) not driving with any measurable amount of alcohol in your system, (2) submitting to a blood or roadside breathalyzer (PAS) test upon the request of a police officer and (3) lead a law abiding life.
Penalties for a second DUI conviction
- A fine plus penalty assessments for a total of approximately $2,400.
- Ten days or 96 hours (including two 48-hour sessions) to 1 year in jail.
- Completion of an 18 month second-offender alcohol-treatment program.
- Installation of an “interlock” device on all vehicles you own.
- A two-year license suspension by the DMV with restricted possibility after 90 days.
The maximum penalties for a misdemeanor second conviction within ten years of a prior conviction ( count arrest date of #1 dui to arrest date of #2 current arrest ) include a jail term up to 1 year, and a two-year license suspension by the DMV and required installation of an “interlock” device on all vehicles you own.
Penalties for a 3rd and 4th DUI convictions?
Assuming there is no bodily injury
- Minimum 120 days to 1 year in jail for a third offense, 180 days to 1 year for a fourth offense.
- Revocation of your driver’s license for three years (third offense) or four years (fourth offense).
The maximum penalties is one year in jail for a misdemeanor third offense conviction; and a state prison term if convicted of a felony fourth offense, revocation of your driver’s license for three years (third offense) or four years (fourth offense).
What happens if someone is killed or injured in a DUI?
If someone is killed or injured as the result of driving under the influence of alcohol, or while blood alcohol is 0.08% or more, the driver can be found guilty of a felony and could go to state prison for over a year, and possibly longer depending on whether it’s the driver’s first, second, or third offense.
Prior dui or wet reckless convictions count as prior offenses for the purpose of increasing the sentence. Even when a wobbler is reduced to a misdemeanor the person convicted could still spend up to a year in the county jail.
A fourth drunk-driving arrest in a ten-year period may be charged as a felony, even where no one was injured as a result of the offense.
Any new misdemeanor dui arrest after any prior felony dui conviction is a kicked up to felony status.
DMV is completely separate action on driver license.
The link below is provided by the California DMV. Please call our offices (415-843-8600) to discuss what it means and more importantly how can I get out of suspension status at the earliest date.