DUI Penalties

(NOTE: New laws take effect constantly affecting the punishment of DUI cases both with the Courts and with the Department of Motor Vehicles.  For instance, in July 2010, first offenders in several counties within California, including Los Angeles County, will be required to have an Ignition Interlock Device on their vehicle after a first conviction.  Likewise, in all of California, multiple offenders will have the same requirement, but may obtain a restricted license sooner than they could prior to July 2010.  The below listed information is just a guideline, as every case is different and the laws continuously change.)

Despite the fact that there are alternatives to DUI charges, and often times cases are reduced or dismissed, the following are what a person could get after having been convicted of a DUI charge:

*(note that these are the general penalties which apply, and may vary depending on each case)

First Offense DUI:
36 – 60 months of probation
up to 6 months in jail
a fine of up to $1000, plus assessments
a first offender 3 month alcohol class

Second Offense within 10 Years of a Prior DUI Conviction:
36 – 60 months of probation
up to 1 (one) year in jail (minimum 96 hours jail, 48 hours continuous)
a fine of up to $1000, plus assessments
a second offender alcohol program, typically 18 months

Third Offense within 10 Years of Two Prior DUI Convictions:
36 – 60 months of probation
up to 1 (one) year in jail (minimum 120 days)
a fine of up to $1000, plus assessments
a multiple DUI offender alcohol program, either 18 or 30 months

Felony DUI Offenses or Felony DUI with Injuries::
Same terms as above
If no probation, custody in state prison of up to 3 (three years)
Fines up to $10,000, plus assessments

Additional Possible Penalties:
If over a .15 BAC (blood alcohol content) – a 6 or 9 month alcohol class.

If a .20 BAC of higher or a refusal to provide a chemical test, a 9 month alcohol program.

Hospital and Morgue Program (commonly referred to as HAM)

Mothers Against Drunk Driving VIP classes

Community Service/Cal Trans

If injuries, and “great bodily injury” or “multiple victims”, additional state prison
Ignition Interlock Requirements with Multiple Offenders
Revocation or Suspension of Driving Privileges Once DMV receives “abstract” of conviction
Community Service
Cal Trans/City Work
Weekend Jail
House Arrest
Additional Alcohol Anonymous Meetings
Inpatient/Outpatient Alcohol Treatment
Potential Treatment as a “Serious Offense” within California Three Strikes Laws

Why Us?  There are many things that need to be done to accurately, thoroughly and aggressively defend someone in a DUI case (such as checking the accuracy of the breath testing machines used, retesting the blood sample if one was provided, examining the police officer’s radio transmissions to test the accuracy of their reports, visiting the scene or checking maps of the arrest location, checking the location where the field sobriety tests (FSTs) were conducted), and our office will do all that we can while we fight for your rights!

Do not just plead guilty to “get it over with”.  You have rights – and a DUI conviction can be detrimental to your professional career and personal rights.  Hire a lawyer that truly cares and can fight for you!  We are here for that reason!


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