OTHER DUI/DWI RESOURCES

Criminal Punishment in California

The punishment that the court can impose is set by statute, but can lead to up to one year in California county prison for misdemeanor DUI, or even several years in state reformatory for felony DUI.

There are certain irritating factors that can lead to an increase in sentence beyond the legal minimums. These include having previous convictions for DUI or associated offenses, speeding while DUI, having a child in the car, having a blood alcohol level that is .20 or higher, or refusing to submit to a chemical tests.

Any penalty imposed by the court is separate from the license suspension or revocation by the DMV If the California court orders a driver's license limit, that limit will start as soon as the DMV's limit ends. They do not run at the same time.

Also, as to any fines, keep in mind that also to the base fine amounts depicted below, the court will add assessments that radically increase the amount that is yet to be paid. The base fine amount will triple when all other compulsory costs and fees are added.

In general, a conviction will lead to the following punishment in California:

First Offense: If the court gives informal, unsupervised probation, there are two alternatives. Both want a base fine ranging from $390 to $1,000, and attendance at a 3-month alcohol/drug education program (6-month program if there is a BAC of .20 or higher, or if there is a refusal to test).

• Choice A: 48 hours to 6 months in jail, and a 6-month driver's license suspension; or,
• Choice B: A 90-day driver's license limit allowing driving for work and the alcohol/drug program only.

Without probation, the court may enforce 96 hours to 6 months in jail, a $390 to $1,000 base fine, and a 6-month driver's license suspension.

Second Offense: With unsupervised probation, there are two choices, both carrying a base fine of $390 to $1,000, plus either:

• Selection A: 10 days to 1 year in jail, and a 2-year driving s license suspension; or,
• Option B: 96 hours to 1 year in jail, an 18-month (or 30-month) alcohol/drug education program, and a driver'slicense limit while the program allowing driving only for vocation and the program.
Without probation, the court may enforce 90 days to 1 year in jail, a $390 to $1,000 base fine, and a 2-year driver's license suspension.

Third Offense: With unsupervised probation, the court will force a sentence of 120-days to 1 year in jail, a base fine of $390 to $1,000, a 3-year license revocation, and an 18-month alcohol/drug education program if one was not done before.

Without probation, 120-days to 1 year in jail, $390 to $1,000 base fine, and a 3-year license revocation.

Fourth or subsequent Offense: If probation is given, 180 days to 1 year in jail, a base fine ranging from $390 to $1,000, a 4-year license revocation, and an 18-month program if one has not been done before.

Without probation, the court could sentence anywhere from 6- months to 1 year in county jail, or 16 months, 2, or 3 years in state jail; a base fine of $390 to $1,000; and a 4-year driver's license revocation.

If you or a person you care about stands accused of drunk driving, please call on an lawyer in your area before you even think about pleading guilty. You are encouraged to call on Darren, a California DUI attorney, for a free consultation at any time.