DUI POTENTIAL PENALTIES
If you have a DUI arrest, please contact an experienced DUI lawyer like Mark Blair as soon as possible, so that you may avoid the following penalties:
First offender possible penalties
Mandatory minimum 48 hours of custody or non jail alternative
Up to $1000 fine (Penalties and assessments increase fine up to $1700 or more)
DUI alcohol school of three, six or nine month class
Denial of any restricted license (meaning, if the DMV suspends your license
for four to ten months, you can’t drive and can’t get a restricted license to drive to
work) Installation of ignition interlock device (you must blow into it before
starting the car
Informal probation (no probation officer) or formal probation (probation officer)
Multiple offenders
Second offenders (prior DUI arrest within 10 years)
minimum 4 to 10 days jail to one year jail
18 to 30 month alcohol school
two year license suspension
Ignition interlock
Total prohibition of all drinking (no social drinking)
Prohibition of your being in any location selling alcohol (bars)
Third offenders (two prior DUI arrests within 10 years)
minimum 30 to120 days jail, up to one year jail,
18 to 30 month alcohol school
three year license revocation
Fourth offenders (three prior DUI arrests with 10 years): possible felony
minimum 180 days jail; up to one year jail if misdemeanor or three years state prison if
felony
18 to 30 month alcohol school
four year license revocation
Jail time/work time
The Vehicle Code actually has two statutes governing jail/work time for first offense DUIs. In one, a driver must receive 96 hours of custody, of which 48 hours must be continuous (VC 23536(a)). If a person is granted probation, the minimum custody/work time is 48 hours (VC 23538(a)). In either case, the maximum custody time is six months.
Fines
The minimum fine for a first offense DUI is $390. The maximum is $1000. However, neither the minimum nor maximum amounts actually reflect the total fine imposed in a first offense DUI. The legislature has authorized each county to add penalties and assessments, as well as other charges, on to the base fine. In actuality, the minimum fine of $390 with all the additions now routinely exceeds $1600 in California. The maximum fine is much more.
DUI classes
A first offense DUI carries a range of DUI related classes. A person convicted of a first offense DUI faces the prospect of either a 32 hour (three month), 45 hour (six month) or 60 hour (nine month) DUI class.
Probation
Probation is supervised release after sentencing into the community. It can be formal (the driver having to report to an actual probation officer). This type of probation is rare for first offense DUIs. Or the probation can be informal, with no probation officer, and monitored by the court for any future violations. The minimum probation period for a DUI is three years; the maximum is five years. During the period of probation, a judge can revoke probation and sentence a driver to real jail if violations of the law occur.
Other consequences
Two other potential penalties are noteworthy. First, a judge may deny a first offender a restricted license. That means: instead of potentially receiving a restricted license following a 30 day suspension (“hard suspension”), the driver would get no restricted license and would thus have a full four month suspension instead.
The second potential noteworthy penalty is the installation of an engine interlock device. An interlock device is designed to detect the presence of alcohol. The driver must exhale into the device before the vehicle would start. Any alcohol reading would prevent the vehicle from starting. A recently enacted law requires a judge give heightened scrutiny to ordering the installation of an interlock device for a first offense DUI if the blood level alcohol reading is .15% or higher. Interlock devices could be required for the entire period of probation, between three and five years, at the driver’s expense. This device could end up costing a driver thousands of dollars. Moreover, the device could be required on all vehicles the driver used, including those at work or rental cars while on vacation. Such a requirement would be a logistical and financial nightmare, as well as an embarrassment
In addition, there are other factors that can influence the type and degree of DUI punishment.
The most common factors are listed below. Some have minimum penalties. Some have more than one type of punishment (refusal of a chemical tests carries a minimum custody time and a one year license suspension). The punishment of others is more subjective and varies dramatically based on the judge and prosecutor.
Minimum stated punishment
child under 14 years old in car
refusal of chemical test
.20% blood level
high speed/reckless (+30 highway, +20 street)
accident with injuries
driving under the influence of drugs
.01% or more driver currently on DUI probation
No stated minimum punishment
over 14 in car
poor cooperation on chemical tests
.15% blood level alcohol
speed near +30 highway, +20 street
no injuries
open container
DUIs over ten years old
Punishment is a function of the totality of factors, both positive (mitigating) and negative (aggravating). As you see, it is best to have a competent DUI attorney like Mark Blair to help you avoid a DUI and DUI consequences and DUI penalties. Please call Mark at (415) 664-4343 as soon as possible for a free, informative and confidential consultation. Mark has been successful in helping thousands of persons who have had a DUI arrest.