Driving Under the Influence (DUI) charges are serious and can carry heavy penalties in California. It is important to understand both how California classifies its DUI offenses and the punishments follow.
First DUI Offense
A first offense DUI with no injuries or property damage is a misdemeanor in California. If a driver is convicted of a first offense DUI in California, he or she faces both criminal and administrative penalties. The criminal penalties include a mandatory jail sentence of two days to six months and a fine of $1,400 to $1,800. The driver will then have three to five years of court probation, wherein he or she will not have to report to a probation officer but cannot drink and drive at all during that time. The conviction will remain on a driver's criminal record for 10 years and influence any subsequent DUI charges a driver may subsequently face.
Additionally, when a driver is arrested for a first offense DUI in California, the arresting officer will confiscate the driver's license and issue a notice of suspension and temporary license that will allow the driver to drive for 30 days. The officer will forward a copy of the notice of suspension to the DMV. The DMV will review the notice to determine if there was cause for it, then issue an order of suspension or revocation. A driver has 10 days from the receipt of the order to request a hearing to contest it. For a first offense DUI, the DMV suspends a driver's license for at least six months. There is a possibility that the DMV will issue the driver a restricted license for driving to and from school or work only, but the DMV has discretion in issuing such a license.
A driver will need to complete additional steps before the DMV will reinstate the driver's license. The driver will need undergo an alcohol assessment and complete between 12 and 45 hours of DUI School. In some counties, the driver will need to install an ignition interlock system on his or her car. These administrative penalties may be more severe if the driver refused to submit to a BAC test.
Second DUI Offense
A second offense DUI is still a misdemeanor in California, but the criminal and administrative penalties increase for a driver convicted of a second DUI within ten years of the first. The driver faces a mandatory jail sentence of 96 hours to one year and a fine from $1,800 to $2,800. The driver will also have court probation for three to five years, during which he or she may not drink any alcohol before driving.
The DMV will revoke a driver's license for two years for a second DUI conviction. A driver may be eligible for a restricted license after 12 months if he or she agrees to install an ignition interlock device and obtain California SR-22 insurance. The driver will also have to complete 18 months of DUI School.
Third DUI Offense
A third DUI within ten years is also still generally treated as a misdemeanor in California, but the penalties for a third DUI conviction increase even further. The driver faces a mandatory jail sentence of 120 days to one year and a fine of $1,800 to $2,800. The driver will also have formal probation after a third DUI conviction, wherein he or she will need to report to a probation officer and abide by any probation terms the court sets.
The DMV will revoke a driver's license for three years for a third DUI conviction, but a driver may apply for a restricted license after one year. The driver will need to install an ignition interlock device and complete 18 months of DUI School, as well.
Fourth DUI Offense
A fourth DUI offense within 10 years is a felony DUI in California, even if there were no injuries involved. A felony DUI conviction results in a sentence of up to three years in prison, along with fines ranging from $1,000 to $3,000. The DMV revokes a driver's license for at least five years for a felony DUI and may revoke it permanently. The driver will have to complete 18 months of DUI School and install an ignition interlock device if he or she does get his or her driver's license back.
The penalties for DUI in California can be severe. If you are facing DUI charges, contact an experienced criminal defense attorney who can help you achieve the best possible outcome in your case.
