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Overview of the DUI Court Process
Driving under the influence is a very serious offense with severe consequences. If you have recently been arrested you may be facing stiff penalties and in some cases, a possible jail sentence. Listed below is the various consequences of a DUI conviction.
Court Penalties
Court-imposed DUI penalties vary in some important ways:
- Misdemeanor offenses are punished less severely than felonies.
Misdemeanor DUI offenses (California Vehicle Code [CVC] section 23152) typically do not involve injuries; felony DUI offenses (CVC 23153) typically do. In a felony DUI, someone other than the driver was injured or killed as a result of the offense. Offenders convicted of a misdemeanor can be sentenced to jail (but not prison) and fined up to $1,000; offenders convicted of a felony can be sentenced to prison and fined more than $1,000.
- Subsequent offenses are punished more severely than previous offenses.
A second, third or subsequent offense is one that occurs within ten years of a prior DUI offense. A prior alcohol-involved reckless driving ("wet reckless") guilty plea is counted as a prior DUI conviction when the court determines punishments.
Mandated Penalties and Judicial Discretion
The sentencing chart below lists state-mandated criminal penalties.
State law mandates most minimum DUI offender sanctions. Judges have discretion, however,
over whether to apply sanctions other than those mandated in the chart or increase
offenders sanctions to the maximum allowed in each category.
For example, for first offense misdemeanor DUI, judges have the discretion to sentence offenders to jail or grant probation. As the chart shows, if the judge decides to impose a 48-hour jail sentence, probation must also be used. Additionally, the judge must impose at least the minimum listed offense fine, penalty assessment, restitution and treatment program duration. Vehicle impoundment and ignition interlock installation are not mandated, although they can be imposed by judicial order.
Criminal Sanctions
Drivers convicted of misdemeanor or felony DUI can receive:
- County jail or state prison
- Fine, penalty assessment and restitution
- Drinking and driving treatment
- Vehicle impoundment or forfeiture
- License restriction, suspension or revocation
- Ignition interlock device requirement
- Probation
Jail and Prison
A DUI conviction can result in a mandatory jail or prison sentence. The sole exception is for a misdemeanor first offense, where a judge can substitute a fine and require a treatment
Jail and prison sentences are extended for certain "enhancing" circumstances. Enhancing circumstances are:
JAIL
- driving at "excessive speed" (30 mph above the lawful freeway speed or 20 mph above the lawful speed on other roadways)
- refusing to take a chemical test
- driving with a minor passenger (under age 14) in the vehicle.
PRISON
- multiple victims (other than the driver). Sentences are enhanced by one year for each victim (up to three)
- hit and run, if fleeing the scene after vehicular manslaughter.
- causing serious bodily injury to victim(s). Sentences may be enhanced by three years per victim.
Fine, Penalty Assessment and Restitution
Offenders are commonly ordered to pay three types of fines: an offense fine, a penalty assessment, and restitution.
- Misdemeanor offense fines range from $390 to $1,000; felony offense fines from $390 to $5000.
- Penalty Assessments are additional fines that the court imposes which substantially increases the fine (in San Diego Courts typical fines and assessments range between $1,800 to $2,200).
- Restitution fines compensate the injuries and losses of victims. Fines range from $100 to $10,000.
Treatment
Convicted DUI offenders may be ordered to attend and complete an alcohol and/or drug treatment program. The programs the Court may order are 3-month, 6-month, 9-month, 18-month, and 30-month programs. Drivers suspended for a DUI conviction must complete a drinking driving treatment program prior to license reinstatement.
Offenders receive no credit for program activities prior to the current violation.
Vehicle Impoundment and Forfeiture
The court can order that the vehicle of a convicted DUI offender be impounded if the offender is its registered owner. A judge can order that an impounded vehicle be forfeited - declared a "nuisance" and sold. Impounds can also be imposed on vehicle owners under 21 (even if not in the vehicle) if a driver or passenger of his or her vehicle is under 21 and illegally possesses alcohol.
License Restriction, Suspension and Revocation
A driver's license can be:
- Restricted - limiting when and under what circumstances drivers can use a vehicle. Restrictions typically include: driving only to and from work or treatment, and as required by work; to and from school; and to and from court-ordered programs
- Suspended - withdrawn for a specified period or until some required condition (such as financial responsibility) is met
- Revoked - terminated, requiring drivers to reapply for a license after their revocation period.
Courts can postpone the start of a DUI offender's license suspension or revocation period until after imprisonment. Postponement is typically applied to repeat DUI offenses, DUI offenses involving multiple victims, and hit and run convictions.
Drivers under 21 convicted of DUI (or alcohol-related reckless driving) have their licenses suspended for an additional one-year period, over and above the license suspension they receive for DUI.
Ignition Interlock Device
For DUI offenders, courts may choose to impose the installation and maintenance of a certified ignition interlock device (which prevents a vehicle from being started if the driver has alcohol in his or her system) in certain cases. Courts require the device from one to three years once the driver license is restored.
Probation
Court-ordered probation for DUI offenders lasts three to five years. During probation, offenders must not:
- commit any criminal offense
- drive with any measurable alcohol in their blood
- refuse to submit to a chemical test upon request
- fail to pay a fine, assessment or restitution
Enhanced Penalties
In California there are a number of such enhancing grounds. These include:
High Blood-Alcohol Concentration – Increased penalties are imposed where the BAC is .15 percent or higher.
Refusal to Submit to Chemical Testing - The increased jail term for refusing is often in addition to the administrative suspension for refusing.
Speeding and/or Reckless Driving - This enhancement involves driving in excess of a specified speed while under the influence of alcohol or over .08 percent BAC. California imposes the enhancement where the defendant drove 20 mph over the speed limit on a surface street or 30 mph over the limit on a freeway.
Child Endangerment – Mandatory jail time is imposed where there is a minor passenger in the vehicle at the time of the drunk driving. This is defined as an individual under the age of 14.
Accident or Injury - In California, the existence of property damage can trigger a more severe punishment. Where there is personal injury involved, California elevates the offense to felony status.
DUI Sentencing Chart
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CRIMINAL SENTENCES FOR DRIVING UNDER THE INFLUENCE OF ALCOHOL AND/OR DRUGS
(VEHICLE CODE SECTION 23152)
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| OFFENSE |
MINIMUM AND MAXIMUM SENTENCES WHEN PROBATION IS GRANTED (3 TO 5 YEARS PROBATION TERM) |
MINIMUM AND MAXIMUM SENTENCES WITHOUT PROBATION |
| FIRST Offense within 10 years |
The Court may order the defendant to serve between 48 hours to 6 months in jail. The Court will impose a fine of $390.00 to $1,000.00 (plus additional “penalty assessments” which will substantially increase the fine) and order defendant to complete a 3-month, 6-month, or 9-month alcohol/drug treatment program. The DMV will impose a 6-month driver’s license suspension, or 1-year suspension if you had a class A license. |
96 hours to 6 months in jail, $390 to $1000 fine. The DMV will impose a 6-month driver’s license suspension.
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| SECOND Offense within 10 years |
Two options,both carrying a fine of $390 to $1000, plus either: (A) 10 days to 1 year in jail; or (B) 96 hours to 1 year in jail, an 18-month or 30-month alcohol/drug program. The DMV will impose a 2-year driver’s license suspension. |
90 days to 1 year in jail, and a $390 to $1000 fine. The DMV will impose a 6-month driver’s license suspension. |
| THIRD Offense within 10 years |
120 days to 1 year in jail, $390 to $1000 fine, a 3-year license revocation, and an 18-month alcohol/drug program if you have not completed one before. The DMV will impose a 3-year driver’s license revocation. |
120 days to 1 year in jail, and a $390 to $1000 fine. The DMV will impose a 3-year license revocation. |
| FOURTH or Subsequent Offense within 10 years |
180 days to 1 year in jail, $390 to $1000 fine, a 4 year license revocation, and an 18-month alcohol/drug program if you have not completed one before. The DMV will impose a 4-year driver’s license revocation. |
16 months, or 2 or 3 years in state prison, or 180 days to 1 year in county jail; and a $390 to $1000 fine. The DMV will impose a 4-year license revocation. |
DMV License Suspensions and Revocations
DMV License Suspension Process
The DMV administrative license suspension process begins when a driver is cited for DUI. The driver license is taken on the spot by the arresting law enforcement officer if the driver:
- violates the admin per se laws (.01% for drivers under 21; .08% for drivers 21 or over)
- refuses a chemical test requested by an officer
Licensed offenders are then served with a DMV order of suspension or revocation which serves as a 30-day license. The suspension or revocation takes effect in 30 days. Within 10 days from the citation date, drivers can request a DMV hearing. At the DMV hearing, only a limited number of issues may be considered. These are whether:
- the officer had reasonable cause to believe the driver was driving a vehicle with an illegally high BAC
- the driver was lawfully arrested (or "lawfully detained" if age 21 or less)
- the driver was driving with a blood alcohol concentration of 0.08% or more
- the driver refused a chemical test or a preliminary alcohol screening (PAS) test
- the driver was informed that a refusal would result in suspension or revocation
DMV hearings are independent of criminal prosecutions. That is, proceedings and findings in one venue do not affect proceedings and findings in the other. For example, if a defendant's charges are dropped in court, this decision has no effect on the determination made at the DMV hearing. An important exception exists, however: a not guilty verdict in a criminal case overturns an ALS determination and its sanctions.
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DMV PENALTIES FOR DRIVING UNDER THE INFLUENCE OF ALCOHOL AND/OR DRUGS
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| FIRST OFFENSE |
.08 or greater
Refusal |
6 month suspension
1 year suspension |
SECOND OFFENSE
Within 10 Years |
.08 or greater
Refusal |
2 year suspension
2 year revocation |
THIRD OFFENSE
Within 10 Years |
.08 or greater
Refusal |
3 year revocation
3 year revocation |
FOURTH OFFENSE
Within 10 Years |
.08 or greater
Refusal |
4 year revocation
4 year revocation |
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