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DUI COURT PENALITES

We fight for the best possible outcome to protect your freedom

  • DUI penalties increase with each subsequent conviction if committed within 10 years

  • DUIs are generally charged as misdemeanors but may be charged as felonies if you caused an accident with an injury or fatality or you committed your fourth DUI offense in 10 years

  • Depending on the facts of your case, you could face:

    • Up to 6 months in county jail for a first offense misdemeanor conviction

    • Up to 1 year in county jail for second or third offense misdemeanor conviction

    • Up to 3 years in state prison for a fourth felony offense conviction

    • Community labor may also be imposed

    • You must pay a fine at minimum from about $2,000 up to $5,000 depending on the offense

    • You must participate in a alcohol education program

      • ​3 - 9 months for a first offense 

      • 18 months for subsequent offenses

  • Courts may require you to install an ignition interlock device. In Los Angeles County, the DMV requires an ignition interlock device for all convictions

  • Your driver’s license is suspended for one year if you refused BAC testing

  • Aggravating circumstances that enhance penalties may include 

    • Traveling 20 miles per hour or more over the speed limit on a city street or 30 miles per hour or more over the speed limit on a freeway

    • Refusing a BAC test

    • Driving with a child 14 years old or younger in your car

    • Having a BAC of 0.15% or greater

  • Felony DUI - Death or Bodily Injury

    • A DUI that involves bodily injury or death to another person may be charged as a felony DUI even if the person is a passenger or pedestrian

    • Penalties for an injury related DUI can be significantly more severe than standard drunk driving​

    • Penalties, fines, classes, license suspension and jail or prison time are increased for a felony DUI or a DUI causing injury

DUI PROBATION & PRIORABILITY​

Failure to follow terms of the DUI probation is a DUI probation violation

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  1. DUI probation is from 3 to 5 years

  2. Most DUI probation terms prohibit refusing a chemical test after a subsequent DUI arrest and prohibit driving with any measurable amount of alcohol in the blood

  3. Convictions remain on your DMV driving record for a period of 10 years

  4. A conviction for DUI is priorable for 10 years.  Penalties are more severe if a subsequent DUI is within 10 years of the prior DUI

  5. Terms and conditions of probation vary from case to case, some common conditions include the following:

  6. Do not commit any misdemeanors or felonies of any kind or any new offenses while on probation

  7. Obey all orders, rules, regulations, and directives of the Court and Jail

  8. Pay all fines and/or restitution

  9. Perform community service

  10. Complete all programs

  11. Agree to submit to searches and seizures of your person or property by police or probation officers with or without a warrant

PROOF OF ENROLLMENT

TREATMENT PROGRAM COMPLETION

  • During sentencing, the judge will order you to show "proof of enrollment" in your DUI school by a specific date

  • Once you enroll, the school typically sends a proof of enrollment certificate to both the court and the DMV. You need to follow up and confirm proof has been sent 

  • The judge will also order you to complete your DUI school by a specific date

  • Generally, your DUI school will provide the court and the DMV with a certificate of completion when you successfully complete your course. You need to confirm the certificate has been sent to the court

  • Keep track of your attendance to address any discrepancies later on

  • You must make up any missed sessions before you will be issued a certificate of completion

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  You violate probation if you fail to

complete your court ordered DUI education

program and the DMV will NOT re-issue you a license​​

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​​Many courts have authorized alternative sentencing programs.
Sentencing Alternatives are subject to the court's discretion and the facts of each case

SENTENCING ALTERNATIVES

Here is a general listing of such alternatives:

 

  • Alcohol treatment and/or drug rehabilitation

  • Sober living environments

  • Attendance at Alcoholics Anonymous meetings

  • Participation in a MADD (Mothers Against Drunk Driving) Victim Impact Program

  • Participation in a HAM (Hospital and Morgue) program

  • “Good time/work time custody credits” are hour-for-hour exchanges of alternative sentencing against hours that would have been spent in county jail

  • Community service or labor

  • Ignition interlock devices 

  • Electronic Monitoring Devices. GPS device that attaches to the ankle

  • Secure Continuous Remote Alcohol Monitor, or SCRAM. SCRAM measures alcohol by way of a device attached to the ankle

  • Work furlough. Go to work during the day and check into a dormitory-style housing facility at night

  • Work release. Work at an approved location and return home at night

  • Serve jail sentences at "weekend jails" at local privatepolice stations rather than county jails

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