Encinitas DUI Lawyers

Harley Feinstein: If you have been arrested for driving while under the influence call me immediately. Here is some information regarding possible penalties. Do not delay in contacting an attorney.

CALIFORNIA CRIMINAL AND DEPARTMENT OF MOTOR VEHICLE PENALTIES
FOR DRIVING UNDER THE INFLUENCE

CRIMINAL SENTENCES FOR DRIVING UNDER THE INFLUENCE OF ALCOHOL AND/OR DRUGS
(VEHICLE CODE SECTION 23152)

OFFENSE

MINIMUM AND MAXIMUM SENTENCES WHEN PROBATION IS GRANTED (3 TO 5 YEARS PROBATION TERM)

MINIMUM AND MAXIMUM SENTENCES WITHOUT PROBATION

FIRST Offense within 10 years

Two options, both requiring attendance at a 3 month or 6 month alcohol/drug program, a fine of $390 to $1000, plus either: (A) 48 hours to 6 months in jail; or (B) for arrests prior to September 20, 2005, a 90-day license restriction. Under option (A), the Court may also suspend your license for 6 months. Under either option, your license shall be suspended for 6 months if the offense occurred in a vehicle which requires a class 1, 2, A, or B license. As a result of the court conviction, the DMV will suspend your license for 6 months, but a restricted license may be available.

96 hours to 6 months in jail, $390 to $1000 fine, and a 6 month license suspension.

SECOND Offense within 10 years

Two options, both carrying a fine of $390 to $1000, plus either: (A) 10 days to 1 year in jail and a 2 year license suspension; or (B) 96 hours to 1 year in jail, an 18-month or 30-month alcohol/drug program, and for arrests prior to September 20, 2005, a license restriction allowing driving only for work and alcohol/drug program for the duration of the program. However, your license shall be suspended for 2 years if the offense occured in a vehicle which requires a class 1, 2, A, or B license. Installation of interlocking device for up to 3 years. As a result of the court conviction, the DMV will suspend your license for 2 years, but a restricted license may be available after the first year of suspension.

90 days to 1 year in jail, $390 to $1000 fine, and a 2 year license suspension.

THIRD Offense within 10 years

120 days to 1 year in jail, $390 to $1000 fine, a 3-year license revocation, and an 18-month or 30 month alcohol/drug program if you have not completed one before.

120 days to 1 year in jail, $390 to $1000 fine, and a 3-year license revocation.

FOURTH or Subsequent Offense within 10 years

180 days to 1 year in jail, $390 to $1000 fine, a 4 year license revocation, and an 18-month or 30 month alcohol/drug program if you have not completed one before.

16 months, or 2 or 3 years in state prison, or 180 days to 1 year in county jail; $390 to $1000 fine, and a 4-year license revocation.

DMV PENALTIES FOR DRIVING UNDER THE INFLUENCE OF ALCOHOL AND/OR DRUGS

FIRST OFFENSE	.08 or greater	4 month suspension
	Refusal	1 year suspension

SECOND OFFENSE	.08 or greater	1 year suspension
Within 10 years	Refusal	2 year revocation

THIRD OFFENSE	.08 or greater	3 year revocation
Within 10 years	Refusal	3 year revocation

FOURTH OFFENSE	.08 or greater	4 year revocation
Within 10 years	Refusal	4 year revocation

If you have been arrested for driving while under the influence call me immediately. Here is some information regarding possible penalties. Do not delay in contacting an attorney.