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

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