The consequences for a DUI vary in each county. With the help of a DUI Lawyer many of the penalties can be avoided or mitigated, the following is an example of some of the penalties that can be handed down if the person charged does not fight the case with assistance of an attorney:
Possible DMV Driver License Consequences:
Age 21 or Over, With Breath or Blood Test:
1st Offense: Four months Drivers License suspension.
2nd Offense: One year suspension.
3rd Offense: Two year revocation.
4th Offense: Three year revocation.
Refusal to take a Breath or Blood Test:
1st Offense: Drivers License suspension for a minimum of one year, with no possibility of provisional or restricted license.
2nd Offense: License suspension for two years.
3rd Offense: License suspension for three years.
4th Offense: License revocation for four years.
Under 21 Offenders at the time of arrest:
For drivers under the age of 21 at the time of the arrest, a one year license suspension will be imposed. With this being said, the law does allow for a variety of exceptions that may permit the underage offender to acquire a license, called a "critical need" restriction for work, school or medical appointments.
Penal Consequences on the VC 23152 DUI criminal charges
1st Offenders:
Many California courts do not require jail time on a first-offense, unless there are grounds for a sentence enhancement (such as a minor in the car, speed enhancements, a blood alcohol concentration (BAC) of .20% or higher, refusing the chemical test, or others). Other courts require some jail time (48 hours to 10 days), even on a first offense.
The mandatory alcohol education program will also vary. The standard program is once a week for 12 weeks; however, where the BAC is .15% or higher, a six or even nine month program will be ordered.
Offenders with one prior conviction for DUI or wet reckless (One prior conviction within last 10 years):
By law, the mandatory minimum jail time on a second offense DUI is 96 hours, although this can be served in two 48-hour periods. Some courts will allow city jail. Still other courts will routinely impose much harsher jail sentences on a second-offense DWI, with sentences of 30 days or more.
The SB-38 alcohol education program for a second offense DUI is 18 months long. An ignition interlock device may be required.
DUI offenders with two DUI or wet reckless convictions (Two prior DUI convictions within last 10 years):
A California mandatory minimum jail sentence of 120 days and 3 year license revocation.
Although the law requires this punishment, an experienced attorney can utilize exceptions to the Vehicle Code that may permit an early restoration of a drivers license under special conditions.
4th Drunk Driving Offense (Three or more DUI convictions within last 10 years):
A fourth offense Drunk Driving conviction is a "wobbler", meaning it can be charged as a misdemeanor or a felony. Punishment can range from up to one year in county jail, up to three years in a California state prison.
Criminal DUI Sentence Enhancements in Court:
Enhancements are added punishments the Judge must order for cases involving certain special circumstances or what the law considers more egregious conduct, some examples include: Refusal to take the chemical test; BAC of .15% or .20% or higher; Speeding 20 miles per hour above speed limit on side streets, or 30 mph over the speed limit on the freeway, where driving recklessly and DUI, Injuries (VC 23153); Drugs in system in addition to alcohol Any of these sentencing enhancements can result in additional fines, jail time, impounding of the car, requirement of attendance at AA meetings or other educational programs, attendance at a Mothers' Against Drunk Driving Victim Impact Panel, imposition of the Hospital and Morgue Program, in patient alcohol treatment, Cal Trans work crew, SR-22, etc..