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DUI Legal Penalties in California

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    • California DUI penalties are severe.drinking don't image by Roslen Mack from Fotolia.com

      Driving under the influence of alcohol, commonly referred to as DUI, is a serious crime with significant penalties. Anyone convicted of a DUI faces probation or prison time, depending on a variety of factors. Anyone facing a DUI charge in California should seek the advice of a qualified criminal defense attorney, as these laws and their punishments are subject to change.

    First Time

    • Even first-time DUI offenders face significant penalties in California. According to Kapsack and Blair, LLP, a California DUI law firm, first-time DUI offenders face three to five years of court probation, fines of up to $1,800, mandatory driving school and a mandatory 48-hours in jail. However, the mandatory 48-hour jail sentence can be converted to work service.

      In addition to the criminal charges, drivers also face driving restrictions. Because driving is considered a legal privilege and not a Constitutionally-protected right, these penalties are up to the California Department of Motor Vehicles and not the criminal court hearing the DUI case. For a first- time offense, drivers face a four-month suspension, according to the California Department of Motor Vehicles.

    Second and Subsequent Offenses

    • The more times a person is convicted of a DUI charge in California, the more serious the consequences. A second-time DUI, for example, brings up to $2,800 in fines, a one-year driving license suspension and a mandatory 96-hour jail or work-service sentence. However, the mandatory jail time sentence differs between counties, with some counties requiring a mandatory 10-day jail sentence and some requiring as many as 30 days.

      Third-time convictions are even more serious. Courts impose a mandatory 120-day jail sentence, while some require at least a year. Up to $2,800 in fines and a three-year license suspension is also mandatory.

    Felony Offenses

    • While most DUI offenses in California are punished as misdemeanors, meaning the potential jail sentence is less than one year, fourth or subsequent DUI offenses are considered felonies. These crimes bring potential sentences of between three and five years in jail, permanent revocation of driving privileges and fines. Further aggravating circumstances, such as the DUI resulting in bodily injury to someone other than the driver, can also lead to felony DUI charges.

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