DUI Frequently Asked Questions
Facts about DUIs and not guilty verdicts
- Who May Be Charged with a DUI?
California Vehicle Code Sections 23152 (a) and (b) make it unlawful for any person over/under the age of 21 to drive a motor vehicle while under the influence of alcohol/drugs and/or with a blood alcohol level of .08 or higher.
Minors who are arrested for Driving Under the Influence are usually charged with a Vehicle Code Section 23140 and cannot drive with a measurable alcohol level of .05 or higher and are charged under Vehicle Code Section 23136 “ZERO TOLERANCE” and cannot drive with a measurable alcohol level of .01 or higher.
Minors may also be charged as adults if they have a Blood Alcohol Content of .08 or higher.
- What type of Punishment am I facing for a DUI Conviction?
Most first time offenders convicted of Vehicle Code Sections 23152, 23140 and 23136 face jail, alcohol classes, Interlock Ignition Device Installation, MADD program, HAM (Hospital and Morgue) program, AA meetings, fines, community service and probation.
The most serious DUI offenses occur when there are injuries or accidents involved. Vehicle Code Section 23153 (DUI causing Bodily Injury) and Penal Code Sections 191.5 and 192 (Vehicular Manslaughter) are felony offenses and can result in lengthy prison and jail sentences, Parole or Probation, Restitution to Victims for Personal or Property Damage, in additional to Civil Liability.
Many of the penalties for a DUI are not reflected in the California Vehicle Code. Most of these additional penalties are based on custom and practice under DUI law in a particular jurisdiction. For that reason, experienced DUI lawyers at Sandler are able to deal with DUI charges effectively in all counties in California. It is important to hire experienced counsel to vigorously fight DUI charges which are usually subject to numerous errors.
- What are the Typical Court Punishments as Codified by California DUI Laws?
For a first conviction, you will be fined $390 to $1,000 and serve 96 hours to six months in jail with three to five years of probation.
For a second conviction, you will be fined $390 to $1000; however, the term of imprisonment will be at least 90 days to one year. You may also have to install an interlock ignition device.
For a third conviction in seven years, a prison term of two to four years may be imposed. The fines significantly increase and the court may order your driving privileges to be suspended for a period of time.
A fourth conviction for a DUI will be filed as a Felony and prison can be imposed for 16 months, two years or three years.
- Other Sentencing Factors:
DUI conviction coupled with reckless driving and excessive speed over the limit (30 mph over the limit on a highway, or 20 mph over the limit on any other roadway) results in a 60-day penalty enhancement.
DUI conviction if there is a minor child under the age of 14 in the vehicle at the time of arrest will result in an additional 90-day penalty enhancement.
DUI conviction by a driver with a minor child under the age of 14 may also be convicted of child endangerment, which is a misdemeanor or felony and is punishable by imprisonment in the county jail for up to one year, or in the state prison for two, four or six years.
