Penalties for a DUI
Upon a person’s first conviction for DUI in California, California Vehicle Code provides for the following punishments:
- First DUI Conviction:
A person is subject to imprisonment in state prison or county jail for a minimum of 90 days not to exceed one year, with at least 48 hours served continuously. In addition, persons convicted of a first DUI offense are also subject to a minimum fine of $390.00, not to exceed $1,000.00. Further, the person's driver’s license will be suspended by the Department of Motor Vehicles for a period of four months. If granted, probationary periods for misdemeanor DUI convictions range from three to five years.
However, a license suspension period of six months and additional fines will be imposed if the person refused testing at the time of arrest or was administratively found to have driven with a BAC% of 0.08 or higher within the last ten years.
Unless a person’s license was suspended for having a BAC% of 0.08 or higher, a restricted driver’s license may be issued upon the payment of fees, submission of proof of financial responsibility, and completion of a driving-under-the-influence course.
It should be noted that aggravating circumstances might have the effect of increasing the penalties you could face with a DUI charge. For example, if you caused the death of another person while you were DUI, you can be charged with 2nd degree murder (depending on the facts, would normally be charged as vehicular manslaughter without DUI).
By contacting our expert DUI lawyer quickly after your arrest, we can begin the process of pursuing a restricted license, depending on your needs, and minimize the penalties for a DUI conviction. Also, depending on the facts of your case, we may be able to get you reduced fines, jail time, and other favorable outcomes.
- Second DUI Conviction:
A second conviction for DUI within ten years will carry the same penalties as a first conviction with the exception that the driver’s license suspension period is extended to one year.
You may also consider that any damage, or additional crimes alleged with your second DUI will carry stiffer penalties. For example, if you
- Third DUI Conviction:
Upon conviction for a third DUI within ten years of two separate DUI offenses, the penalty period of imprisonment in county jail increases to a minimum of 120 days, not to exceed one year. The person’s driver’s license will be revoked, and the driver will be designated a habitual offender for a period of three years after conviction.
Other penalties for a DUI may include:
- You may be subjected to having to an interlock ignition device (IID) installed in your vehicle.
- California DUI law will trigger a civil case against you with the DMV, and your driver’s license will be suspended for at least a temporary period.
- If you wish to have your driving privileges restored, you will have to file for a hearing with the DMV. Since the law only allows you a short period of time (10 days) to request this hearing, you will need to consult with an attorney immediately after your arrest.
Our DUI attorneys can help you get your driver’s license back and could also get you a restricted driver’s license in the event there are other incidents which could be a barrier to restoration of your license. Call today for a free phone consultation.