A first DUI offense punishable with imprisonment from a minimum of four days and up to six months, In addition to the fines custody time, they carry with them mandatory penalty assessments which can sometimes amount to more than $ 1,500.00. In addition, a six-month driver’s license may be imposed, along with a court order to attend a DUI treatment program approved by the state. Fines, imprisonment, suspension may be increased if the alcohol content in the blood was tall drivers. More increasingly, judges also impose mandatory community service, installation of an ignition interlock device and / or assistance “Panel of the victim,” MADD meetings or Alcoholics Anonymous. The summary probation period is three years.
A second DUI offense within ten years of prior DUI is punishable by three to five years of conditional freedom informal summary; a minimum of 96 hours to a maximum of one year in the county jail; fines of between $ 390.00- $ 1,500.00; realization of a California DUI treatment program approved by the court eighteen months to thirty months; suspension of driver’s license two years, after twelve months, you can become a restricted license (see section restricted license). Some courts now require the installation of an ignition interlock system for a period of time after his conviction.
A third DUI offense within ten years of prior DUI is punishable by three to five years of conditional freedom informal summary; a minimum of 120 days to a maximum of one year in county jail; fines of between $ 390.00- $ 1,000.00; conducting a thirty-month court approved the DUI treatment program; revocation of driver’s license three years, after 18 months, you can become a restricted license; assistance program MADD; court order to visit the county morgue; and community service.
Fourth Offense – Felony
In 1999, the California legislature passed a law called “Four strikes” drunk driving, requiring a fourth conviction within ten years to trigger its provisions. The provisions state that a fourth DUI conviction will be charged as a felony instead of a misdemeanor. In most of the “four strikes” the prosecutor seeks imprisonment in state prison for sixteen months or two or three years; a fine of between $ 390.00- $ 1,000.00; court will require the individual to surrender driver’s license to the court according to Vehicle Code Section 13550, besides being designated an Habitual Traffic Offender for a period of three years.
Misdemeanor DUI with Injury
A DUI offense, which resulted in an accident or injury to any person is punishable by three to five years of probation informal summary; five days to one year in a county jail; fines of between $ 390.00- $ 5,000.00; an alcohol program three eighteen or thirty per month; one of revoking the driver’s license three years, and the court ordered the return of all those affected.
Felony DUI with Injury
Any conviction for a felony DUI in which the incident involved an accident or injury is punishable by imprisonment in state prison for a longer period of sixteen months to ten years and an additional and consecutive term of imprisonment of six years, depending on how many people were injured, and the extent of the injuries of the victims; a possible “strike” in the criminal records in accordance with the Law on Strike three California; between $ 1,015.00 – $ 5,000.00 in fines; It is designated as Habitual Traffic Offender for a period of three years; and the return of all those affected.
Additional improvements (Sanctions)
In California, if so-called “improvements” are proven or admitted in a DUI case, the law requires tougher minimum penalties.
Improvements are often alleged in the original complaint filed by the prosecutor in the following circumstances:
- having a blood alcohol content (BAC) of 0.15% or higher;
- refusing to submit to a chemical test;
- cause an accident;
- driving at excessive speeds;
- who have children under 14 in the car (also commonly known as children in danger);
- Being under the age of 21 at the time of the offense DUI.
Improvements can be added to almost all aspects of the judicial penalty, resulting in longer prison sentences, higher fines, driver license suspensions, mandatory requirements and higher education, and more restrictive test periods as appropriate and individual circumstances.
- Defenses for drunk driving
- Driving under the influence