DUI Penalties

(530) 244-1755

PENALTIES CAN VARY BASED ON THE  FACTS OF YOUR CASE AND THE QUALITY OF YOUR REPRESENTATION.  BELOW IS A GENERAL OUTLINE OF WHAT YOU MAY EXPECT:

Note: in 2007 almost 151,000 people participated in California DUI programs
A first offense DUI conviction usually results in the following:

  1. Fines, court fees, and restitution payments totalling approximately $1,830;
  2. A required 48 continuous hours in jail (work service conversion is possible), but up to 6 months;
  3. Three to five years informal or formal Probation (alcohol terms; search & seizure for alcohol) depending on breath or blood alcohol concentration (BrAC or BAC level);
  4. Depending on BrAC or BAC, 90 to 270 (3 to 9 months) days of mandatory DUI school (costing at least $500) - List of DUI Schools;
  5. Ignition Interlock Device (IID) depending on BrAC or BAC level;
  6. Six month loss of your Driver's License (depending on alcohol level) -- as of September 2004, it will be up to the DMV to determine whether a restricted Driver's License should be issued.  Suspension means absolutely no driving - restriction only allows driving to and from work.

A second offense DUI (within ten years) usually results in the following:
1.     Fines, court fees, and restitution payments totalling approximately $2800;
2.     A required 96 hours in jail [work service conversion is possible].  Most counties insist on 10 to 30 days in jail.  Shasta County usually insists on at least 10 to 20 days in jail, a one year license suspension [18 month license restriction], and substantially increased fines.
3.     Three to five years Court Probation (alcohol terms; search & seizure for alcohol);
4.     18 month DUI school -- List of DUI Schools;
5.     Your lawyer may be able to obtain a restricted license after ONE YEAR and an ignition interlock device [IID], which tests your breath for alcohol, must be installed.  As of September 2004, it will be up to the DMV to determine whether a restricted Driver's License should be issued.  Suspension means absolutely no driving -- restriction only allows driving to and from work.

A third offense DUI (within 10 years) can result in the following:
1.     Fines, court fees, and restitution payments totalling approximately $2800;
2.     A required 120 days in jail [conversion alternatives for home arrest, rehab, or some combination is possible].  Most counties insist on at least 210 days in jail and some require a full year.
3.     Three to five years Court Probation (alcohol terms; search & seizure for alcohol) or 5 years Formal Probation and SCAD;
4.     18 month DUI school -- List of DUI Schools;
5.     Up to a THREE YEAR loss of your Driver's License. As of September 2004, it will be up to the DMV to determine whether a restricted Driver's License should be issued.  Suspension means absolutely no driving -- restriction allows driving to and from work. 

A fourth offense DUI within ten years (or within ten years of a prior felony) is a felony, punishable by up to THREE YEARS in State Prison and the permanent loss of your Driver's License and MORE.

If anyone was injured in connection with a DUI, it may be charged as either a FELONY DUI or a misdemeanor DUI.  These case have substantial impact involving jail and loss of license.

Sentence Enhancements:
Vehicle may be impounded for up to 6 months, plus
Up to 3 years Ignition Interlock Device (IID) and additional jail time if:
a) Child passenger (Vehicle Code Section 23572);
b) If reckless driving and speed over 30 mph on the freeway (Vehicle Code Section 23582);
c) If reckless driving and speed over 20 mph on any other road (Vehicle Code Section 23582);
d) BAC of 0.15% or 0.20% or more  (Vehicle Code Section 23578);
e) Refusal to take a chemical test after arrest (Vehicle Code Section 23578, 13353.3); f) Refusal to take PAS is under 21 years or on probation (Vehicle Code Section 23136,23154); or g) If occurs in a highway construction or maintanence area (Vehicle Code Section 42009).

Misdemeanor DUI involving injury should result in a mandatory one year license suspension.

MURDER may be charged if you kill someone durning a fourth offense DUI.

Note: Upon conviction of even a first time DUI, you may no longer be allowed to enter Canada (there are exceptions, so check with a DUI attorney before planing a vacation).

DMV PENALTIES:
First Offense .08 or more:  Four (4) month suspension.
Refusal:  One (1) year revocation

Second Offense (within 10 years):  One (1) year revocation
Refusal:  Two (2) year revocation

Third Offense (within 10 years) with .08 or more: Three (3) year revocation
Refusal:  Three (3) year revocation

Fourth Offense (within 10 years) with .08 or more:  Four (4) year revocation
Refusal:  Four (4) year revocation

Driving on a Suspended License Mandatory Jail Penalty

If you drive while your privilege is suspended or revoked, for driving under the influence of alcohol, upon a first conviction, you face:
a) imprisonment in the county jail for not less than 10 days or more than six months; and
b) a fine of not less than $300 nor more than $1,000. [California Vehicle Code section 14601.2(a)]

Note: According to the court in Marmolejo-Campos v. Gonzales, 2007 U.S. App. LEXIS 21827 - drunk driving is not moral turpitude; but  drunk driving (actual driving rather than mere control) while one's license is suspended for a prior drunk driving conviction may constitute moral turpitude. [See also Marmolejo-Campos v. Holder (2009) 558 F.3d 903].
["A crime involving the willful commission of a base or depraved act is a crime involving moral turpitude, whether or not the statute requires proof of evil intent." Gonzalez-Alvarado v. INS, 39 F.3d 245, 246 (9th Cir. 1994)].

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MOTORIZED BICYCLE:

No license and need to drive -- consider a motorized bicycle: CVC section 24016 legalizes the driving of certain motorized bicycles without a driver's license (note: CVC sections 21200 & 21200.5 make bicycles subject to the rules of the road and prohibits driving a bicycle while under the influence).  However, because a motorized bicycle is not a "motor vehicle," financial responsibility, driver's licenses, registration,  and license plates are NOT required.  Specific criteria must be met to qualify as motorized bicycle -- the motorized bicycle cannont be "modified" (CVC section 23235), it must be incapable going more than 20 mph on level ground, must have fully operable pedals, etc. (see CVC section 406 for details).  An approved bicycle helmet must also be properly worn. [Zap Power Systems (707) 525-8658].

http://www.hebbebikes.com/models.php

Hebb E-Bikes at 1-903-521-2543, sells the complete bike for around $2,200.00

REMEMBER: The only person you can rely on to protect your rights is a competent defense attorney. If you are charged with a crime, you should contact a defense attorney immediately.  Only after looking at the facts specific to your case (police reports, procedures, calibrations records, reasons for the stop, defenses, other evidence, etc.) should you even think of pleading guilty.  It may cost you a few extra dollars and time, but the potential savings and peace of mind (i.e., knowing you got the best deal possible) is money well spent.

2004 California DUI Statistics (over 177,000 DUI arrests in 2004 -- almost 500 arrests per day). 2006 California DUI Statistics (over 197,000 DUI arrests in 2006 -- almost 540 arrests per day). 2006 National DUI Statistics (almost 1.5 million DUI arrests in 2006 -- over 4,110 arrests per day). 2006 California DMV Statistics (of the 197,248 DUI arrests in California, 185,481 resulted in license suspension in 2006).  Note that DMV suspends many licenses simply because they go uncontested (i.e., the person simply fails to request a hearing within 10 days of their arrest).

Shasta County gets an additional $257,000 State Grant to Prosecute DUI Cases. Veteran Sacramento County Prosecutor (Ross Huggins) arrested for DUI John Kerry's daughter (Alexandra Forbes Kerry) -- arrested for DUI. Also Kefer Sutherland, Paris Hilton, Heather Locklear, & Mel Gibson President George W. Bush convicted of drunk driving in 1976 in Maine. He was 30 years old, plead guilty, paid a $150 fine and lost his license for 30 days. MADD Flunks the Honesty Test MADD quotable quotes

Free Initial Consultation

I offer a free initial consultation so you can get good information about your rights and your options, and so that we can meet each other before we decide to work together.

Attorney Robert Hamilton

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My name is Robert Lee Hamilton and I'm a California DUI, Personal Injury and Landlord-Tenant Lawyer.

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