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DUI Penalties in California

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Attorney Edgar P Lombera

DUI Penalties in California

First California DUI Offense:


California Criminal Status: Non-injury DUIs generally misdemeanors. DUIs that result in bodily injury may be elevated to felony status, depending on the circumstances.

Jail: 48 hours, but not more than 6 months.

California DUI Fines/Costs: $390-$1,000 plus penalty assessments.

California License Suspension: 4 months suspension; restored after 30 days upon showing of hardship. 1 year suspension if under 21.

Ignition Interlock Device: Court may order use of interlock device.

Vehicle Impound: Court may order impoundment.

California DUI School: Mandatory alcohol education if under 21. Possible first offender school for 3-6 months, depending on BAC level.

California Probation: 3 years informal – no probation officer.

Community Service: In some courts, you may work off some of your fees/costs by doing community service.



Second California DUI Offense Plus:


California Criminal Status: Non-injury DUIs generally misdemeanors. DUIs that result in bodily injury may be elevated to felony status, depending on the circumstances.

Jail: 90-120 days mandatory jail time, but no more than 1 year.

California DUI Fines/Costs: $390 to $1,000.

California License Suspension: 1year suspension.

Vehicle Impound: Yes. Multiple offender’s vehicle may be seized and disposed.

California DUI School: 18-30 months at a DUI school, depending on whether it’s a 2nd or 3rd violation. CA Dept. of Alcohol and Drug Programs has a list of approved schools.

California Probation: 3-5 years informal probation (no officer to report to), OR formal probation (if third offense or more).

Community Service: 10 days required as alternative to jail time.

 

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