DCD Law

 

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

 

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