{"id":916,"date":"2019-06-27T10:32:57","date_gmt":"2019-06-27T10:32:57","guid":{"rendered":"https:\/\/daltonassociates.org\/new\/?p=916"},"modified":"2020-12-27T22:29:38","modified_gmt":"2020-12-27T22:29:38","slug":"california-dui-what-are-the-penalties","status":"publish","type":"post","link":"https:\/\/daltonassociates.org\/new\/2019\/06\/27\/california-dui-what-are-the-penalties\/","title":{"rendered":"California DUI: What are the Penalties?"},"content":{"rendered":"\n<h3 class=\"wp-block-heading\">What\u2019s the minimum and maximum penalties for a first DUI conviction?<\/h3>\n\n\n\n<p>Assuming there is no bodily injury or death resulting from<br>the DUI, the minimum terms for a misdemeanor first conviction are as follows:<\/p>\n\n\n\n<!--more-->\n\n\n\n<p>Assuming there is no bodily injury or death resulting from<br>the DUI, the minimum terms for a misdemeanor first conviction are as follows:<\/p>\n\n\n\n<ul class=\"wp-block-list\"><li>$390 fine plus over $1,000 in ordinary penalty<br>assessments, plus additional DUI-only assessments for a total of approxi\u00admately<br>$1,800.<\/li><li>48-hour jail sentence or a 90-day license<br>restriction allowing you to drive to and from your work\u2014and for work\u2014if<br>required, and to and from an alcohol treatment program. If the 90-day<br>restriction is imposed, it begins after your DMV four-month suspension or<br>30-day suspension followed by a five-month restriction.<\/li><li>Attendance and completion of a $500, three-month<br>alcohol-treatment program (nine months if your blood alcohol level was 0.20% or<br>higher. Completing the program is a requirement for ever being able to drive<br>again following a \u201cper-se\u201d DMV license suspension and for minimizing that<br>suspension to 30 days (plus five or eight months of restricted driving) instead<br>of the six- or ten-month flat suspension that would otherwise be imposed.<\/li><li>Loss of your driver\u2019s license for at least 30<br>days, followed by either a five-month restriction to drive to, from, and for<br>work and to and from an alcohol treatment program, or an additional two-month<br>restriction that allows you to drive only to and from the program.<\/li><\/ul>\n\n\n\n<p>The&nbsp;<strong>maximum<\/strong><br>penalties for a misdemeanor first DUI conviction in California is a $1,000 fine<br>plus over $2,600 in penalty \u00adassessments, six months\u2019 imprisonment in the<br>county jail, a six-month license suspension ;<br>ten months for blood alcohol level of 0.15% or more, having your<br>vehicle \u201cimpounded\u201d (stored at your expense) for 30 days, and<br>being required to attach an \u201cinterlock\u201d breath device to your vehicle that will<br>not allow the car to start if there is any alcohol on your breath. This will<br>cost you about $800.<\/p>\n\n\n\n<h3 class=\"wp-block-heading\">What type of probation is required of a first offender?<\/h3>\n\n\n\n<p>Almost all first-time offenders are placed on probation for<br>three to five years. If you violate any of the terms of your probation, you can<br>face a nonjury hearing where additional penalties can be applied. The standard<br>conditions of probation include: (1) not driving with any measurable amount of<br>alcohol in your system, (2) submitting to a blood or roadside breathalyzer<br>(PAS) test upon the request of a police officer and (3) refraining from further<br>violations of the law (no further misdemeanors \u2014 ordinary traffic infractions<br>don\u2019t count).<\/p>\n\n\n\n<h3 class=\"wp-block-heading\">What\u2019s the minimum and maximum penalties for a second DUI conviction?<\/h3>\n\n\n\n<p>If no one is injured or killed as a result of the DUI, the&nbsp;<strong>minimum<\/strong>&nbsp;penalties a judge will impose<br>for a second DUI conviction (within 10 years of the first DUI) include the<br>following:<\/p>\n\n\n\n<ul class=\"wp-block-list\"><li>a $390 fine plus penalty assessments for a total<br>of approximately $1,800<\/li><li>ten days or 96 hours (including two 48-hour<br>sessions) in jail<\/li><li>completion of an 18- or 30-month<br>second-\u00adoffender alcohol-treatment program, which costs about $1,800, as a<br>condition of probation. You must complete this program if you ever want to<br>drive again. Enrollment in this program also allows you to reduce the two-year<br>suspension to one year, followed by a two-year license restriction that allows<br>you to drive to, from, and in your work, and to and from the program\u2014after the<br>first year of suspension, and<\/li><li>installation of an \u201cinterlock\u201d device on all<br>\u00advehicles you own .<\/li><\/ul>\n\n\n\n<p>The&nbsp;<strong>maximum&nbsp;<\/strong>penalties<br>for a misdemeanor second conviction within ten years of a prior conviction<br>(counted from the date of the previous offense to the date of the second<br>offense) include: a $1,000 fine plus penalty assessments for a total of approximately<br>$3,000, one year in jail, a two-year license suspension by the DMV, impoundment<br>of your vehicle for up to 30 days at your expense, and<\/p>\n\n\n\n<p>required installation of an \u201cinterlock\u201d device on all<br>vehicles you own.<\/p>\n\n\n\n<h3 class=\"wp-block-heading\">What\u2019s the minimum and maximum penalties for a third and subsequent DUI<br>convictions?<\/h3>\n\n\n\n<p>Assuming there is no bodily injury or death resulting from<br>the DUI, the minimum penalties are as follows:<\/p>\n\n\n\n<ul class=\"wp-block-list\"><li>a $390 fine plus over $1,000 in ordinary<br>\u00adpenalty assessments, plus additional DUI-only assessments for a total of<br>approximately $1,800<\/li><li>120 days in jail for a third offense, 180 days<br>for a fourth offense and<\/li><li>revocation of your driver\u2019s license for three<br>years (third offense) or four years (fourth \u00adoffense), and completion of a<br>30-month multi-offender program to get your license back.<\/li><\/ul>\n\n\n\n<p>The maximum penalties for a third and fourth offense within<br>ten years are as follows: a $5,000 fine plus over $13,000 in penalty<br>\u00adassessments for a total of $18,000, one year in jail for a third offense; 16<br>months in state prison for a fourth offense, if charged as a felony,<br>impoundment of your vehicle for up to 90 days or even forfeiture and loss of<br>your vehicle, revocation of your driver\u2019s license for three years (third offense)<br>or four years (fourth offense), and a 30-month alcohol treatment program before<br>getting your license restored.<\/p>\n\n\n\n<h3 class=\"wp-block-heading\">What happens if someone is killed or injured in a DUI?<\/h3>\n\n\n\n<p>If someone is killed or injured as the result of driving<br>under the influence of alcohol, or while blood alcohol is 0.08% or more, the<br>driver can be found guilty of a felony and could go to state \u00adprison for over a<br>year, and possibly for up to five years, depending on whether it\u2019s the driver\u2019s first,<br>second, or third offense. Prior convictions for misdemeanor under-the-influence<br>or over-0.08% driving count as prior offenses for the purpose of increasing the<br>prison sentence. So do prior convictions of alcohol-related reckless driving. The<br>jury (and sometimes the judge) will have the option of reducing the offense to<br>a misdemeanor, but even in such cases, the person convicted could still spend<br>up to a year in the county jail\u2014and probably will, since judges take DUI<br>extremely seriously under these circumstances. Also, a person faced with a<br>fourth drunk-driving charge over a ten-year period may be charged with a<br>felony, even where no one was \u00adinjured as a result of the offense.<\/p>\n","protected":false},"excerpt":{"rendered":"<p>What\u2019s the minimum and maximum penalties for a first DUI conviction? Assuming there is no bodily injury or death resulting fromthe DUI, the minimum terms for a misdemeanor first conviction are as follows:<\/p>\n","protected":false},"author":1,"featured_media":1766,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[8,7,3],"tags":[],"class_list":["post-916","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-text","category-case-study","category-finance"],"_links":{"self":[{"href":"https:\/\/daltonassociates.org\/new\/wp-json\/wp\/v2\/posts\/916"}],"collection":[{"href":"https:\/\/daltonassociates.org\/new\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/daltonassociates.org\/new\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/daltonassociates.org\/new\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/daltonassociates.org\/new\/wp-json\/wp\/v2\/comments?post=916"}],"version-history":[{"count":2,"href":"https:\/\/daltonassociates.org\/new\/wp-json\/wp\/v2\/posts\/916\/revisions"}],"predecessor-version":[{"id":6145,"href":"https:\/\/daltonassociates.org\/new\/wp-json\/wp\/v2\/posts\/916\/revisions\/6145"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/daltonassociates.org\/new\/wp-json\/wp\/v2\/media\/1766"}],"wp:attachment":[{"href":"https:\/\/daltonassociates.org\/new\/wp-json\/wp\/v2\/media?parent=916"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/daltonassociates.org\/new\/wp-json\/wp\/v2\/categories?post=916"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/daltonassociates.org\/new\/wp-json\/wp\/v2\/tags?post=916"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}