In California, if convicted of DUI (driving under the influence) a number of circumstances can affect the penalties you will face. The characteristics of the offender, the facts of the case, and more, can come into play. These can be referred to as mitigating and aggravating factors. This is regardless of whether the conviction results from a jury verdict or plea bargain.
State statutes are set by the specific state, regarding minimum and maximum penalties a judge can impose. The ranges of allowable sentencing are largely dependent upon the defendants prior DUI convictions, if any.
If, for 10 years, you have not been convicted of a DUI offense, you can be considered a first-time offender. So, basically, your previous DUI disappears if it occurred more than 10 years ago. It should not be used in determining your penalties.
Here, we’re going to take a look at first offense DUI penalties.
First-Time DUI Offenders
In California, it is considered a misdemeanor when you get your first DUI conviction. The following penalties can be faced by a convicted motorist…
Probation
Ordinarily, though it can be up to five years, a three-year term of informal probation can be expected by first DUI offenders. Probation conditions can exist, such as 30 hours of classes. This DUI School – or classes – takes about three months. If, however, a BAC (blood alcohol content) of .20% or more was detected in the defendant, 60 hours of class time (approximately nine months) will be imposed.
License Suspension
You can expect, in most cases, a six-month license suspension for a first DUI conviction. Also, imposed by the DMV (Department of Motor Vehicles), a four-month administrative suspension will likely be applied if a .08% or more BAC was detected. A one-year administrative suspension can be faced by anyone refusing the BAC test.
However, they are allowed to overlap, if two suspensions are imposed. That means two full suspensions would not have to be completed by the driver. Additionally, for driving to and from places like school and work, first offenders can usually ask for a restricted license. An IID (ignition interlock device) may be requested/required along with the restricted license. The driver can immediately start to drive as long as they do not have any alcohol in their system. For the six months after license reinstatement, anyone requesting a restricted license will likely need to have an IID installed.
Jail
There is the possibility of being sent between 48 hours to six months in jail for a first-time offender. In most cases, however, a judge will order probation and no mandatory jail time. On first-time offenders, judges are often relatively lenient so, as part of the sentence, they don’t order jail time.
Remember, every case – and every judge – is different.
Fines
Between $390 and $1000 can be the fine a first DUI offense carries. That amount can substantially increase due to a number of “penalty assessments”. These have to be paid by the driver. It is not uncommon for several thousand dollars to be the total in this case, or more.
Clearly, making the decision to drink and drive can be a costly one, indeed.
Are You a First-Time DUI Offender?
At Jackson-Bibby Awareness Group, we assist not only first-time DUI offenders, but those with more than one arrest/conviction.
Please feel free to take a look at our FAQs.
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