California DUI penalties in criminal cases depend on how many prior offenses a person has and whether there were any aggravating factors in the case. Aggravating factors can best be described as "any fact or circumstance that increases the severity or culpability of a criminal act." In DUI cases, aggravating factors may include a high blood alcohol content, dangerous or reckless driving, very poor performance on field sobriety tests, and an accident. Prior DUI offenses are counted if they occurred within a ten year period of the current offense date.
Below is a general summary of the penalties for California DUI convictions not involving injury or death:
1st offense misdemeanor DUI
Summary probation for 3 years;
No minimum jail sentence, maximum 6 months county jail;
Fine of $390 + penalty assessments;
Alcohol education program of 3 months, 6 months, or 9 months;
*Driver's license suspension of 6 to 10 months, with eligibility for a restricted license unless the driver refused to submit to a breath or blood test following arrest.
Any other sentencing terms the Court may deem appropriate, including attendance in the Mothers Against Drunk Driving (MADD) Victim Impact Panel (VIP) class, the Hospital and Morgue (HAM) program, community labor or community service, and Alcoholic Anonymous meetings.
2nd offense misdemeanor DUI
Summary probation for 4 to 5 years;
96 hours (4 days) minimum county jail sentence, maximum 1 year;
Fine of $500 + penalty assessments;
Alcohol education program of 18 months;
*Driver's license suspension of up to 2 years, with eligibility for a restricted license unless the driver refused to submit to a breath or blood test following arrest;
Any other sentencing terms the Court may deem appropriate, including attendance in the Mothers Against Drunk Driving Victim Impact Panel (VIP) class, Hospital and Morgue (HAM) program, community labor or community service, and Alcoholic Anonymous meetings.
3rd offense misdemeanor DUI
Summary probation for 4 to 5 years;
120 days minimum county jail sentence, maximum 1 year;
Fine of $390 to $500 + penalty assessments;
Alcohol education program of 18 months;
*Driver's license suspension of up to 3 years, with eligibility for a restricted license unless the driver refused to submit to a breath or blood test following arrest;
*Designation as a habitual traffic offender (HTO);
Any other sentencing terms the Court may deem appropriate, including attendance in the Mothers Against Drunk Driving Victim Impact Panel (VIP) class, Hospital and Morgue (HAM) program, community labor or community service, and Alcoholic Anonymous meetings.
4th offense felony DUI
180 days minimum county jail sentence, maximum 1 year, OR
16 months, 2 years, or 3 years state prison sentence;
Formal probation for 5 years if probation is granted;
Fine of $390 to $1000 + penalty assessments;
*Designation as a habitual traffic offender (HTO);
Minimum 1 year suspension, however court has discretion to issue 10 year revocation;
Alcohol education program of 18 months, if probation is granted;
Any other sentencing terms the Court may deem appropriate, including attendance in the Mothers Against Drunk Driving Victim Impact Panel (VIP) class, Hospital and Morgue (HAM) program, community labor or community service, and Alcoholic Anonymous meetings.
Note the asterisks next to the terms related to the driver's license suspension periods. DUI driver's license suspension periods are not always consistent due to other factors related to DMV administrative actions taken against a person. A good Los Angeles DUI Lawyer can review the client's DMV driving record and advise them of exactly how long of a suspension period he or she will be facing if convicted for DUI.
If you are facing DUI charges CONTACT our office now for a free and confidential consultation. DUI Lawyer Robert D. Berglund fights for each and every one of his clients to ensure they are treated fairly and their rights are protected throughout the process. If you have been arrested for DUI, do not delay and CONTACT Berglund Law Office, P.C. today.
