Dui Law
Who do you want as your attorney? The master or the student? Patrick Silva has over 23 years of DUI experience, he has been published in DUI reference books, has spoken in front of hundreds of attorneys at conferences, taught classes to lawyers on his secrets and strategies, and has a nationally listened-to podcast dedicated to teaching other DUI lawyers how to win. (909)798-1500. No Miranda Rights?
"My name is David, and when I got my 3rd DUI, I hired Pat Silva to fight for me, and he did! He got my 3rd DUI dropped, all I had to do was plead no contest to a few moving violations. I had a bac of .17, and he still got it dropped, that's why I call him the specialist! " One of our current results: 3rd-time DUI reduced to a drunk in public - DUI dismissed.
California DUI: What Are the Penalties?
What’s the Punishment for a California DUI?
There are several different ways in which a person can be “punished” for driving under the influence.
First, note that the court tries to “punish” you by ordering you to complete either jail time or work release, with the possibility of work release being converted to home confinement.
Second, the DMV wants to “punish” you by taking away your license for four (4) months on a first-time DUI and up to a year on a second-time DUI. However, on a first-time DUI, we can show you how to lower the four-month suspension down to a 30-day hard suspension.
In the case of a second-time DUI, we can help you reduce the one-year suspension down to a hard 90-day suspension. The above is premised on the assumption that you are found guilty of a DUI.
Our mindset on every DUI case we handle is to aim for a dismissal. If we cannot get it dismissed, we shoot for a lower charge. If we can’t get it lowered, we definitely aim to keep you out of jail.
What Are the Minimum and Maximum Penalties for a First DUI Conviction?
Assuming no bodily injury or death resulting from the DUI,
the minimum terms for a misdemeanor first conviction are as follows:
What Are the Minimum and Maximum Penalties for a First DUI Conviction?
Assuming no bodily injury or death resulting from the DUI, the minimum terms for a misdemeanor first conviction are as follows:
- A $390 fine plus over $1,000 in ordinary penalty assessments, plus additional DUI-only assessments for a total of approximately $1,800
- 48-hour jail sentence or a 90-day license restriction allowing you to drive to and from your work—and for work—if required, and to and from an alcohol treatment program; if the 90-day restriction is imposed, it begins after your DMV four-month suspension or 30-day suspension, followed by a five-month restriction
- Attendance and completion of a $500, three-month alcohol-treatment program (nine months if your blood alcohol level was 0.20% or higher); completing the program is a requirement for ever being able to drive again following a “per se” DMV license suspension and for minimizing that suspension to 30 days (plus five or eight months of restricted driving) instead of the six- or ten-month flat suspension that would otherwise be imposed
- Loss of your driver’s license for at least 30 days, followed by either a five-month restriction to drive to, from, and for work and to and from an alcohol treatment program, or an additional two-month restriction that allows you to drive only to and from the program
The maximum penalty for a misdemeanor first DUI conviction in California is a $1,000 fine, plus:
- Over $2,600 in penalty assessments
- Six months’ imprisonment in the county jail
- A six-month license suspension
- Ten months for blood alcohol levels of 0.15% or more
- Having your vehicle “impounded” (stored at your expense) for 30 days
- Being required to attach an “interlock” breath device to your vehicle that will not allow the car to start if there is any alcohol on your breath; this will cost you about $800
What Type of Probation Is Required of a First Offender?
Almost all first-time offenders are placed on probation for three to five years. If you violate any of the terms of your probation, you can face a nonjury hearing where additional penalties can be applied. The standard conditions of probation include:
- Not driving with any measurable amount of alcohol in your system
- Submitting to a blood or roadside breathalyzer (PAS) test upon the request of a police officer
- Refraining from further violations of the law (no further misdemeanors; ordinary traffic infractions don’t count)
What Are the Minimum and Maximum Penalties for a Second DUI Conviction
If no one is injured or killed as a result of the DUI, the minimum penalties a
judge will impose for a second DUI conviction (within 10 years
of the first DUI) include the following:
What Are the Minimum and Maximum Penalties for a Second DUI Conviction
If no one is injured or killed as a result of the DUI, the minimum penalties a judge will impose for a second DUI conviction (within 10 years of the first DUI) include the following:
- A $390 fine, plus penalty assessments, for a total of approximately $1,800
- Ten days or 96 hours (including two 48-hour sessions) in jail completion of an 18- or 30-month second-offender alcohol-treatment program, which costs about $1,800, as a condition of probation; you must complete this program if you ever want to drive again; enrollment in this program also allows you to reduce the two-year suspension to one year
- A two-year license restriction that allows you to drive to, from, and in your work, and to and from the program—after the first year of suspension, and installation of an “interlock” device on all vehicles you own
The maximum penalties for a misdemeanor second conviction within ten years of a prior conviction (counted from the date of the previous offense to the date of the second offense) include:
- A $1,000 fine plus penalty assessments for a total of approximately $3,000
- One year in jail
- A two-year license suspension by the DMV
- Impoundment of your vehicle for up to 30 days at your expense
- Required installation of an “interlock” device on all vehicles you own
What Happens if Someone Is Killed or Injured in a DUI?
If someone is killed or injured as the result of driving under the influence of alcohol or while blood alcohol is 0.08% or more, the driver can be found guilty of a felony and could go to state prison for over a year, and possibly for up to five years, depending on whether it’s the driver's first, second, or third offense.
Prior convictions for a misdemeanor under the influence or over-0.08% driving count as prior offenses for the purpose of increasing the prison sentence. So do prior convictions of alcohol-related reckless driving.
The jury (and sometimes the judge) will have the option of reducing the offense to a misdemeanor, but even in such cases, the person convicted could still spend up to a year in the county jail—and probably will, since judges take DUI extremely seriously under these circumstances.
Also, a person faced with a fourth drunk-driving charge over a ten-year period may be charged with a felony, even where no one was injured as a result of the offense.