Driving under the influence of alcohol or narcotics can carry significant consequences, including everything from loss of license to criminal charges. The facts of the case and characteristics of the offender are crucial in determining whether the conviction results in a plea bargain or jury verdict.
If you are currently facing a DUI charge, The Law Office of Jonathan D. McDougall is equipped to take on your case. Below we have compiled lists to help you determine the possible consequences you could face depending on the number of convictions received.
First DUI Conviction
- Fines: A first DUI carries $390 to $1,000 in fines, plus a number of penalty assessments that can substantially increase the amount the driver has to pay. In total, a convicted driver could end up paying several thousand dollars or more.
- Jail: It’s possible for a first offender to receive anywhere from 48 hours to up to six months in jail. However, if the judge orders probation—which occurs in most cases—there’s no mandatory jail time. Oftentimes, judges are lenient on first offenders and don’t include jail time as part of the sentence.
- License suspension: For a first DUI conviction, there’s generally a six-month license suspension. If the driver has a blood alcohol concentration (BAC) of 0.08 or more, the Department of Motor Vehicles (DMV) will also impose a four-month administrative suspension. Drivers who refuse BAC testing face a one-year administrative suspension. After completing a 30-day hard suspension period, a driver may be able to obtain a restricted license that will allow them to drive to and from essential destinations such as school and work.
- Probation: First-time DUI offenders normally receive a three-year term of informal probation. In some cases, probation terms can last up to five years. As a condition of probation, the defendant normally must complete a three-month DUI education, consisting of 36 hours of classes. However, for defendants who have a BAC of 0.20 or more, the program will include 60 hours of class time over a nine-month period.
Second DUI Conviction
- Fines: The fines for a second DUI are the same as those for a first offense, $390 to $1,000, plus penalty assessments.
- Jail: Second offenders face 96 hours to one year in jail. However, jail time can sometimes be served on house arrest or through jail-alternative work programs.
- License suspension: For a second DUI, there’s a two-year suspension imposed by the criminal court and a 12-month administrative suspension for offenses involving a BAC of 0.08 or more. In many cases, the two suspensions are allowed to overlap. The convicted motorist can apply for a restricted license after completing a hard suspension period of 90 days. The same suspension could be extended to one year if the offense involved drugged driving.
- Probation: Second-time DUI offenders normally receive a three-year term of informal probation, though it can last up to five years. As a condition of probation, the presiding judge will order the defendant to complete an 18- or 30-month DUI education.
Third DUI Conviction
- Fines: As with a first and second offense, the fines for a third DUI range from $390 to $1,000, plus penalty assessments.
- Jail: A third DUI results in a jail sentence of 120 days to one year. The minimum sentence can be reduced to 30 days if probation is granted and a 30-month DUI education is ordered.
- License suspension: For a third DUI, there’s a three-year suspension that comes from the criminal court and a 12-month administrative suspension for offenses involving a BAC of 0.08 or more. The two suspensions are generally allowed to overlap. The motorist can apply for a restricted license after completing a hard suspension period of six months (one year if the offense involved drugged driving).
- Probation: Most third-time DUI offenders must complete three to five years of informal probation. As a condition of probation, the judge has the discretion to order the defendant to a 30-month DUI education.
Call The Law Office of Jonathan D. McDougall at (650) 594-4200 to discuss your upcoming case. You can also submit questions and inquiries through our online contact form.