Cheap DUI Defense

Penalties and Punishments

Penalties and Punishments

    The following California DUI penalties and punishments are based on a non-enhanced DUI conviction, they are for reference only because each county varies and the laws regarding DUI punishment change rapidly. If there are any aggravating factors like driving with a child in the car (under 14), speeding, driving on a suspended or restricted license, accidents, high blood alcohol content (over .20), than the penalties are increased.

Drunk Driving Punishment for First Time DUI (for Offenses After September 19, 2005)
With PROBATION for Three to Five Years (CVC 23538)

• $390 to $1,000 fine, plus assessments (CVC 23536(a) Total may range from $1,400 to $1,800;
• May impound car up to 6 months if owned by defendant (CVC23592);
• Up to 3 years optional ignition interlock (CVC23575(a)(1);
• If under 14-year-old passenger pled and proved, additional 48 continous hours jail (CVC23572(a)(1), unless convicted of Pen.C 273(a);
• Six month DP suspension (10 months if .20% or higher or refusal, and offense date 1/1/7 or later), but immediate restriction eligibility per CVC 13352(a)(1), (except for commercial privilege, and commercial driver driving commercial vehicle-CVC13352.4(g). Court may order no restriction eligibility per CVC23536(d) or CVC 23538(a)(3), and DMV bound by order. CVC 13352.4(h). No return of DP until DUI program completed CVC13352(a)(1), CVC13353.4(c);
• Optional vehicle impoundment up to 30 days if car owned by defendant CVC 23594.
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• First Offender drinking driver program [FOP] Minimum 3 months / 20 hours or 6 months / 45 hours. Note: 9 months / 60 hours if offense date 1/1/6 or later (if BAC .20% or refusal CVC 23538(b), CVC 13352(a)(1), H&S 11837(c)

Drunk Driving Punishment for First Time DUI (for Offenses After September 19, 2005)
WITHOUT Probation (CVC 23536)

• Same as written above the dotted line; however, below the dotted line is as follows:
• 96 hours to 6 months in jail (CVC23536) at least 48 hours of which must be continous (CVC 23536) Note: Please e mail or call to see how it may be possible to exchange the jail time for Electronic Home Detention, or an inpatient program or a work program!

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