DUI Penalties in Orange County
California has some of the strictest laws for driving under the influence, and Orange County is known for strictly enforcing them. To protect yourself against the potential penalties of a DUI conviction, it’s important to understand what you’re up against.
The consequences can be severe if you're convicted of DUI. From hefty fines and jail time to license suspension and community service, breaking DUI laws comes with punishments.
We want to know more about your situation. To schedule a free initial consultation, call (949) 996-0170 today.
DUI Sentencing in California
Driving under the influence (DUI) is a serious offense that carries severe penalties in California. Getting charged with DUI in Orange County doesn't take much. If you are pulled over and have a BAC (blood alcohol content) of at least 0.08%, you will be charged with DUI and your license will be immediately submitted to the DMV for suspension. This is also true if you are driving under the influence of drugs.
No matter the circumstances of your DUI, your license will be automatically suspended by the DMV for a period of time, depending on factors such as the nature of your case and whether you have previously been convicted of DUI in the last 10 years. An administrative license suspension from the DMV can be challenged; however, you must arrange a hearing with the DMV within 10 days of the suspension.
Barring any specific aggravating factors, your first three DUI convictions within a 10-year period will likely be charged as misdemeanors. Your fourth is a wobbler that can be charged as a felony, carrying extreme penalties.
For a first-offense DUI in California, consequences for conviction can include the following:
- 3-5 years of informal probation
- A license suspension of 4 months or longer
- Attendance of DUI school for 3-9 months
- Fines of up to $1,000, plus penalty assessments
- Potential installation of an ignition interlock device in your vehicle
- Up to 6 months in jail
A second DUI offense within 10 years can result in:
- 3-5 years of informal probation
- A 2-year license suspension
- DUI school lasting either 18 or 30 months
- Fines of up to $1,000, plus penalty assessments
- Installation of an ignition interlock device in your car that will remain for 1 year
- A minimum of 96 hours in county jail with a maximum of 1 year
The potential consequences of a third DUI in a 10-year period can lead to:
- 3-5 years of informal probation
- A 3-year revocation of your license
- 30 months of DUI school
- Fines up to $1,000, plus penalty assessments
- Installation of an ignition interlock system
- Between 120 days and 1 year is country jail
Penalties for a fourth offense in a 10-year period can include:
- 3-5 years of formal probation
- A minimum of 180 days in county jail for a misdemeanor, up to 3 years in prison for a felony
- DUI school for 30 months
- Fines between $390 and $1,000, plus penalty assessments
- A 4-year revocation of your license
- Installation of an ignition interlock system
- Being classified as a habitual traffic offender for 3 years
Keep in mind that each case is unique and may be subject to different penalties depending on its circumstances.
What Are Aggravating Factors?
Aggravating factors are offenses that are added to DUI charges due to specific circumstances. If a prosecutor charges you with
DUI that includes an aggravating factor, the penalties become more serious. In some cases, you may incur additional penalties as well.
Some common aggravating factors in DUI cases include but are not limited to:
- Causing injury: If someone is injured due to your impaired driving, you can expect to face more serious consequences. If you caused great bodily injury, your DUI could be enhanced to a felony, leading to time in prison.
- Minor passengers: Driving while impaired with any passengers under the age of 14 in the car will add mandatory jail time to your DUI sentence and could lead to being charged with child endangerment in addition to your DUI.
- Refusal to submit to chemical testing: Refusing to submit to chemical testing following an arrest allows the DMV to suspend or revoke your license.
- DUI in safety enhancement or construction zones: If your DUI arrest takes place in a safety enhancement or construction zone, your fines can be doubled.
If you have been charged with DUI, it is in your best interest to consult with one of our experienced attorneys who can help you understand your rights and options.
California's Zero-Tolerance Rule
California’s zero-tolerance rule applies to drivers under the age of 21 and drivers who are on DUI probation.
If you are under the age of 21, the zero-tolerance policy means that any amount of detectable alcohol in your system will lead to an automatic license suspension of one year and a potential DUI charge. This suspension may also include other penalties such as fines, jail time, or community service. Additionally, individuals charged with DUI may have to attend mandatory drug and alcohol education classes as punishment.
The zero-tolerance policy is a bit different for drivers on probation for DUI. In this case, a blood alcohol content exceeding 0.04% will immediately result in a DUI charge in addition to any consequences of violating the terms of your probation. You must also submit to a breathalyzer test.
First DUI Offense
California Vehicle Code §23536
If any person is convicted of a first violation of Section 23152, that person shall be punished by imprisonment in the county jail for not less than 96 hours, at least 48 hours of which shall be continuous, nor more than six months and by a fine of not less than three hundred ninety dollars ($390), nor more than one thousand dollars ($1,000).
The court shall order that any person punished under subdivision (a), who is to be punished by imprisonment in the county jail, be imprisoned on days other than days of regular employment of the person, as determined by the court. If the court determines that 48 hours of continuous imprisonment would interfere with the person’ s work schedule, the court shall allow the person to serve the imprisonment whenever the person is normally scheduled for time off from work. The court may make this determination based upon a representation from the defendant’s attorney or upon an affidavit or testimony from the defendant.
Except as provided in paragraph (2) of subdivision (a) of Section 23538, the person’s privilege to operate a motor vehicle shall be suspended by the Department of Motor Vehicles pursuant to paragraph (1) of subdivision (a) of Section 13352. The court shall require the person to surrender the driver’s license to the court in accordance with Section 13550.
Second DUI Offense
California Vehicle Code §23540
Punishment If any person is convicted of a violation of Section 23152 and the offense occurred within ten (10) years of a separate violation of Section 23103, as specified in Section 23103.5, 23152, or 23153, which resulted in a conviction, that person shall be punished by imprisonment in the county jail for not less than 90 days nor more than one year and by a fine of not less than three hundred ninety dollars ($390) nor more than one thousand dollars ($1,000).
Whenever, when considering the circumstances taken as a whole, the court determines that the person punished under this section would present a traffic safety or public safety risk if authorized to operate a motor vehicle during the period of suspension imposed under paragraph (3) of subdivision (a) of Section 13352, the court may disallow the issuance of a restricted driver’s license required under Section 13352.5.
Third DUI Offense
California Vehicle Code §23546
If any person is convicted of a violation of Section 23152 and the offense occurred within ten years of two separate violations of Section 23103, as specified in Section 23103.5, 23152, or 23153, or any combination thereof, which resulted in convictions, that person shall be punished by imprisonment in the county jail for not less than 120 days nor more than one year and by a fine of not less than three hundred ninety dollars ($390) nor more than one thousand dollars ($1,000).
The person’s privilege to operate a motor vehicle shall be revoked by the Department of Motor Vehicles as required in paragraph (5) of subdivision (a) of Section 13352. The court shall require the person to surrender his or her driver’s license to the court in accordance with Section 13550.
Any person convicted of a violation of Section 23152 punishable under this section shall be designated as a habitual traffic offender for a period of three years, subsequent to the conviction. The person shall be advised of this designation pursuant to subdivision (b) of Section 13350.
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Our attorneys at Braden & Tucci can potentially mitigate the potential penalties of a DUI conviction in Orange County. We have served Southern California since we opened our doors in 1997 and want to seek justice on your behalf.
We want to learn more about you and what you are going through. To schedule a free consultation, call us at (949) 996-0170 or contact us online.
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