Friday, June 27, 2008

General DUI punishment guide

First time offenders receive between three to five years of summary probation. This means that there are no probation officers to report to, but there must be absolutely no drinking and driving during this period.

Fines, including court-imposed penalty assessments can add up to between $1400 and $1800 on a first time offense. The defendant can usually pay over time depending on the judge.

Your drivers license will be suspended for six months, unless the DMV allows you to retain a restricted license that allows driving to and from work and school. If a DMV hearing is successful, this suspension might be lifted by the DMV. But the court will also not allow you to drive if you are convicted in the court case.

Depending on your Blood Alcohol Level, DUI classes may range from 12 to 45 hours.
The court is mandated to order 48 hours of jail time on a first time DUI, but this can be converted to Caltrans graffiti removal.

Second time offenders receive the same amount of summary probation as first time offenders.

But fines range from $1800 to $2800.

Your license will be suspended by the DMV for 2 years, but your lawyer can ask for a restricted license after one year of suspension.

You may also have to install an ignition interlock device.

DUI school will be mandated for 18 months.

For a second offense, 96 hours of jail time is required.

Third offenses bring forth even harsher penalties.

Summary probation for 3 to 5 years is a possibility, but so is formal probation. The latter requires reporting to a Probation Officer on a regular schedule.

Fines, again, range from $1800 to $2800.

The DMV may suspended your license for up to 3 years. The DMV may allow a restricted license.

There is 18 months of DUI school for a third offense.

Jail time is a required 120 days on a third offense. Some judges allow for this time to be converted to electronic monitoring or a live-in rehab program.

THIS MATERIAL IS ONLY INTENDED TO SERVE AS AN EDUCATION DEVICE. IT DOES NOT IMPLY OR ESTABLISH AN ATTORNY-CLIENT RELATIONSHIP NOR DOES IT SERVE AS LEGAL ADVICE.

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