|
The Punishment: What is the punishment for a DUI?
Typically, each court has a different policy and procedure for DUI arraignments. You truly should talk to someone that knows the local court where your matter is pending. In general, the maximum penalties for a first time DUI, below .20% blood alcohol level, no accident, misdemeanor, drunk driving case includes all of the following:
- Informal, or summary, probation for three to five years;
- Six months in the county jail;
- Six months license suspension;
- A fine of $1,000 plus penalty assessment, or a total of $2,710, (the minimum is $390 plus penalty assessment); (The "penalty assessment" is a state tax created by statute in the late 1960s, and is now larger than the fine. Currently, the penalty assessment is 171% of the fine, meaning that on a $100 fine, the total payment is $271 - almost triple the original fine. Current legislation pending will increase the penalty assessment).
- Contribution of $100 to the California State Restitution Fund;
- Proof of enrollment in, and proof of completion at, a Level 1, or AB-541 Alcohol Education Program;
- An "Alcohol Abuse Prevention" fee of $50.00
- A "Blood Alcohol Content" testing fee of $37.00
- A $20.00 Court Security Fee
In addition, there are additional penalties for being above a .20, being involved in an accident, or having a child in the vehicle.
Second time DUI:
The potential maximum, and all other penalties increase, in addition to all of the above, to one year in the county jail, having your car impounded for 30 days, an 18 months license suspension, part of which can be restricted if you participate in an 18 month alcohol abuse treatment program. The minimum includes 10 days in jail.
Third or Fourth time DUI:
The potential maximum and all other penalties increase, in addition to all of the above, to a mandatory license revocation for up to 4 years by the DMV. Even after the revocation, you still cannot get a license until you've completed a 30 month long alcohol treatment program. As mentioned above, a fourth or higher DUI can be prosecuted as a felony, and the minimum of 120 days for third offenses, or 180 days for fourth offenses, up to the maximum of 16 months in state prison, or the maximum of 3 years, applies to felonies.
Failure to do ANY of the above terms of your sentence is a probation violation.
What are the COSTS of a drunk driving case?
In addition to the court's punishment, the financial cost of a DUI charge can be staggering. The information below is provided on the Auto Club's website as a community service from the Auto Club and is part of their ongoing awareness program as to drinking and driving. It is reprinted here with the permission of the AAA/Auto Club of Southern California:
California
First Misdemeanor DUI Conviction |
Estimated Costs |
| Fines (minimum) |
$390 |
| Penalties (minimum) |
$663 |
| Tow/Impound Fee |
$150 |
| Alcohol Education Class |
$375 |
| Auto Insurance Increase* |
$6,600 |
| Restitution Fund |
$100 |
| Attorney and Legal Fees (fees will vary) |
$2,500 |
| Total |
$10,878 |
| *insurance increase is $2,200 annually for three years, based on an average premium increase for a motorist with 9 to 13 years driving experience |
Costs above do not include:
- Value of lost work time and wages
- Medical costs
- Vehicle property damage
- Cost of ignition interlock device if required by judge.
For more information on fees see AAA
|
|
California DUI Attorney 
