DUI penalties have become substantially more severe in California over the last 10 years as a result of the nationwide campaign against drunk driving. This makes it imperative that people do what it takes to not drink and drive. For common sense suggestions to keep yourself and others safe, see our August 18 post.
The penalty a person receives for a drunk driving conviction depends on two factors: the number of prior convictions and aggravating circumstances. Here's a basic outline of possible penalties without consideration of aggravating issues.
First offense DUI -- Fines between $390 and $1000, jail time from 48 hours to six months, license suspension for six months, probation from three to five years, and other penalties
Second offense DUI -- Fines between $390 and $1000, jail time from 10 days to one year, license suspension for one year, probation from three to five years, and other penalties
Third offense DUI -- Fines between $390 and $1000, jail time from 120 days to one year, license suspension for two years, probation from three to five years, and other penalties
Fourth offense DUI -- Fines between $390 and $1000, jail time from 180 days to one year, license suspension for three years, and other penalties. A fourth DUI is a felony offense if all previous DUI convictions occurred within 10 years.
For each of the offenses outlined above, keep in mind that fees and penalty assessments can increase fines 500% or more.
It's important to understand that DUI laws today don't give judges a lot of flexibility to decrease penalties. They do have the ability to increase sanctions if aggravating circumstances exist, such as an accident with injury, speeding, driving with a child under the age of 14, or driving on a suspended license.
Felony DUIs, which come with a 4th DUI in a 10 year period, are particularly serious since they carry the penalties that go with any felony conviction, such as having to admit on a job application that you have a felony on your record.
With any DUI, the California DMV will automatically suspend the driver's license within 30 days unless a hearing with DMV is requested. When a hearing is requested, DMV puts a hold on the suspension until the hearing date.
The role of the attorney with DUIs is manifold: ensure that law enforcement has followed established procedures in its traffic stops; ensure that all field sobriety tests were administered properly and challenge any results that are not legitimate; negotiate with the District Attorney and DMV on your behalf to minimize penalties; present a thorough and substantive defense in trial, if a trial is necessary; and, in general, help clients navigate the complex and confusing legal system surrounding DUIs.
One particularly important issue pertains to prior DUI convictions outside of California. Because each state sets its own definition of driving under the influence, these convictions are not always eligible to be counted as prior convictions in California courts. For example, we have successfully challenged the application of some Arizona DUIs as priors here in California.
