1st DUI Conviction: What Happens

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1st DUI Conviction: What Happens

A conviction for a 1st DUI happens in one of two ways: 1) entering a plea of guilty or no contest; or 2) being found guilty in trial.

After being found guilty in either a trial or by a plea, the next phase is to find out whether or not you will get probation. In most cases, probation will be granted. A sentence without probation is much more steep and severe.

Sentencing for 1st Time DUI in California: Probation Granted

A conviction for a 1st DUI in California where probation is granted will generally result in these penalties:

  • 3 to 5 years of informal probation, commonly referred to as "summary probation"
    • This is not formal probation; you will not have a probation officer to check-in with 
  • 3 month, 6 month, or 9 month alcohol program/ DUI school
    • This is mandatory; there is no way around this requirement
  • Around $2,000 in fines
    • The fine is $390, but the court adds penalty assessments which brings up the fine to around $2,000
  • Drivers license suspension of 6 months, with chance to get a restricted license after 30 days
    • The restricted license is good for going to work, school, DUI class, etc.
    • Note: if your BAC was over .20 %, your drivers license is suspended 10 months

Some additional penalties for a first-time DUI in California where probation is granted can include:

  • Mothers Against Drunk Driving ("MADD") Victim Impact Panel
  • Hospital and Morgue ("HAM") Program
  • Community labor or community service
  • Jail term of 48 hours to 6 months

Now let's review the differences when probation is not granted in 1st DUIs in California.

Sentencing for 1st Time DUI in California: Probation Not Granted 

A conviction for a 1st DUI in California where probation is not granted will generally result in these penalties:

  • 96 hours to 6 months in jail
    • In some cases, the court will allow the jail time to be served in private city jails on weekends, in order to avoid losing employment
  • 3 to 5 years of informal probation, commonly referred to as "summary probation"
    • This is not formal probation; you will not have a probation officer to check-in with 
  • 3 month, 6 month, or 9 month alcohol program/ DUI school
    • This is mandatory; there is no way around this requirement
  • Around $2,000 in fines
    • The fine is $390, but the court adds penalty assessments which brings up the fine to around $2,000
  • Drivers license suspension of 6 months, with chance to get a restricted license after 30 days
    • The restricted license is good for going to work, school, DUI class, etc.
    • Note: if your BAC was over .20 %, your drivers license is suspended 10 months

Some additional penalties for a first-time DUI in California where probation is granted can include:

  • Mothers Against Drunk Driving ("MADD") Victim Impact Panel
  • Hospital and Morgue ("HAM") Program
  • Community labor or community service
  • Jail term of 48 hours to 6 months

Charged with a crime?

If you are charged with DUI or any other criminal case in the San Fernando Valley or greater Los Angeles, I am at your service. I handle all of my own cases. No one else will be appearing on your court case except me. I will be at your side the whole way. Fighting for YOU.

Serving the San Fernando Valley and Greater Los Angeles

In my practice, I handle all types of DUIs, theft crimes, sex crimes, violent crimes, drug crimes, domestic violence, bench warrants, arrest warrants, and also expungements. I proudly serve our community in all courthouses throughout the San Fernando Valley and greater Los Angeles.

Office Location

405 N Maclay Ave
Ste 203

San Fernando, CA 91340
(818) 225-5323
(818) 697-6633 (fax)
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