DUI ATTORNEY - DUI SENTENCING

1ST OFFENSE:

SCRAM BRACELET Sentencing on a conviction for a first offense DUI in California varies from county to county. The maximum jail time a judge may sentence a defendant to is 365 days in county jail, however, that is rarely the case. The minimum sentence is 2 days in county jail. Typically, between 3 and 5 years of court probation is imposed, 2-10 days of county jail, a fine, and the First Offender DDP program. Probation on a first offense is typically 3 years, however, some counties impose a 5 year probationary period on a first offense. The jail time on a first offense is typically done on a Sheriff's Work Program or Electronic Home Monitoring rather than actual jail time. Fines in DUI case range anywhere from around $1500 to over $2000 depending on the county where the conviction occurred. Additionally, the DMV can suspend the convicted defendant's license. The First Offender DDP class is between 3 months and 9 months in duration depending on the Blood Alcohol Content at the time of driving.

2ND OFFENSE:

Sentencing on a conviction for a second offense DUI in California also varies from county to county. The maximum jail time a judge may sentence a defendant to is 365 days in county jail. The minimum sentence is 10 days in county jail however, the typical jail sentence on a second offense is between 10-30 days. Again, most counties will allow this sentence to be done either on the Sheriff's Work Program or on Electronic Home Monitoring. Probation on a second offense is almost always 5 years of informal court probation. The court will also order that the defendant enroll in and complete the Multiple Offender Drunk Driving Program. The Multiple Offender DDP class is 18 months in duration. The DMV will suspend the convicted defendant's license.

3RD OFFENSE:

Sentencing on a conviction for a third offense DUI in California also varies from county to county. The maximum jail time a judge may sentence a defendant to is 365 days in county jail. The minimum sentence is 120 days in county jail. Most counties will not allow this sentence to be done on the Sheriff's Work Program or on Electronic Home Monitoring, however, exceptions can sometimes be made. Probation on a third offense is typically 5 years of informal court probation. The court will also order that the defendant enroll in and complete the Multiple Offender Drunk Driving Program. The Multiple Offender DDP class is 18 months in duration. The DMV will revoke the convicted defendant's license for a period of 3 years.

4TH OFFENSE:

A 4th conviction for a DUI within 10 years of three misdemeanor convictions for DUI result in the offense being charged as a felony rather than a misdemeanor. Sentencing on a conviction for a fourth offense DUI in California carries a minimum punishment of 180 days in county jail with a maximum punishment of 3 years in State Prison. If probation is granted it is for a period of 5 years. If a prison sentence is given, upon release from prison the defendant will be placed on parole for 3 years. Upon release from custody, the defendant must enroll in and complete the Multiple Offender DDP class. The DMV will revoke the defendant's license for a period of 4 years.

SUBSEQUENT OFFENSES W/IN 10 YEARS OF FELONY DUI CONVICTION:

Any DUI conviction within 10 years of a 4th offense DUI conviction is almost always charged as a felony with the same ramifications as a 4th offense conviction.