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

DCD Law Is Here for You

At DCD Law, we focus on DUI and Criminal Defense and we are here to listen to you and help you navigate the legal system.

Contact Us Today

DCD Law is committed to answering your questions about DUI and Criminal Defense law issues in San Fernando, California.

We offer a free consultation we'll gladly discuss your case with you at your convenience. Contact us today to schedule an appointment.

451 S Brand Blvd.
Ste 202

San Fernando, CA 91340
818-225-5323
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