Drunk driving laws vary from state to state, and cases are handled differently in different areas within a state. That's why it is so important to find an experienced Sacramento DUI defense lawyer like John Campanella.
1st Offense
Sentence (IF NO PROBATION)
JAIL
Minimum of 96 hours, 48 of which must be served continuously, maximum of 6 months.
FINE
Minimum of $390.00 (plus mandatory penalty assessments) to maximum of $1,000.00 (plus mandatory penalty assessments).
LICENSE
Suspended for 6 months. VC13352(a)(1)
TREATMENT PROGRAM: None required; however, DMV will not reinstate license until proof of completion of a treatment program.
- OR -
1st Offense
Sentence (IF PROBATION GRANTED)
If you are placed on probation one of the following two sentences may be imposed:
(Option A)
JAIL
Minimum of 48 hours, 48 of which must be served continuously, maximum of 6 months. FINE: Minimum of $390.00 (plus mandatory penalty assessments) to maximum of $1,000.00 (plus mandatory penalty assessments).
LICENSE
Suspended for six months. VC13352(a)(1)
TREATMENT PROGRAM
Mandatory attendance at alcohol/drug treatment program. If blood alcohol count (BAC) was less than 0.20 percent, by weight, participation in the program must be at least 3 months or longer and if BAC was 0.20 or more percent, or if the test was refused, participation in the program must be at least 6 months or longer.
(Option B)
This option is not available if you willfully refused or failed to complete a chemical test. VC23577(a)(1)
JAIL
Minimum of 48 hours, 48 of which must be served continuously, maximum of 6 months.
FINE
Minimum of $390.00 (plus mandatory penalty assessments) to maximum of $1,000.00 (plus mandatory penalty assessments).
LICENSE
With verification that proof of insurance has been provided to the DMV by an insurance company, license restricted for 90 days to travel to and from work and within scope of employment and/or to and from the education program. Such proof of insurance must be maintained for three years. If the Court Orders a restriction understand that you may not drive unless and until the DMV suspension of your license has been served to completion or set aside, and your license has been reinstated VC23538(3). At any time during the three year period, if proof of insurance is not maintained, the DMV will suspend your driving privilege until such proof is provided. Under either of the above options, the court may also suspend your license for 6 months. Your license will be suspended for 6 months if your offense occurred in a vehicle which requires a Class A or B drivers license.
TREATMENT PROGRAM
Mandatory attendance at alcohol/drug treatment program. If blood alcohol count (BAC) was less than 0.20 percent, by weight, participation in the program must be at least 3 months or longer and if BAC was 0.20 or more percent, or if the test was refused, participation in the program must be at least 6 months or longer.
VEHICLE IMPOUND
If the vehicle used in the violation is solely registered to the defendant, the vehicle may be impounded at the defendant's expense for not more than 30 days. VC23594
2nd Offense
Sentence (IF NO PROBATION)
These penalties apply to a conviction of V.C. Sec. 23152 if you have either:
(1) A separate conviction of V.C. 23152, or 23153, 23102, 23105 or 23106 which took place within seven years of the new offense OR
(2) You have a new separate conviction of 23103 under 23103.5 which occurred on or after January 1, 1982, and within 7 years of the new offense.If you are placed on probation one of the following two sentences may be imposed:
JAIL
Minimum of 90 days, maximum of one year.
FINE
Minimum of $390.00 (plus mandatory penalty assessments) to maximum of $1,000.00 (plus mandatory penalty assessments.
LICENSE
Suspended for 2 years. VC13352(a)(3)
TREATMENT PROGRAM
None required; however, DMV will not reinstate license until proof of completion of a treatment program. VC13352(a)(3)
- OR -
2nd Offense
Sentence (IF PROBATION GRANTED)
If you are placed on probation one of the following two sentences may be imposed:
(Option A)
JAIL
Minimum of 10 days, maximum of one year.
FINE
Minimum of $390.00 (plus mandatory penalty assessments) to maximum of $1,000.00 (plus mandatory penalty assessments).
LICENSE
Suspended for 2 years. VC23351(a)(3)
TREATMENT PROGRAM
None required; however, DMV will not reinstate license until proof of completion of a treatment program. VC13352(a)(3)
(Option B)
JAIL
Minimum of 96 hours to be served in two increments of 48 continuous hours to one year in jail. The two increments may be served non-consecutively.
FINE
Minimum of $390.00 (plus mandatory penalty assessments) to maximum of $1,000.00 (plus mandatory penalty assessments).
LICENSE
You may obtain a license with verification that proof of insurance has been provided to the DMV by an insurance company, the license is restricted to travel to and from work and within the scope of employment or attendance of alcohol or drug program for duration of program. Such proof of insurance must be maintained for three years. At anytime during the three years period, if the proof of insurance is not maintained, the DMV will suspend driving privilege until such proof is provided. If the offense occurred in a vehicle that requires a Class A or B driver's license, your driver's license will be suspended for 2 years.
TREATMENT PROGRAM
Your participation would be required in either an 18-month or a 30-month treatment program approved pursuant to chapter 9, Part 2, of Division 10.5 of the Health and Safety Code. No credit may be given for any program activities completed prior to the date of the offense charged.
VEHICLE IMPOUND
If the offense occurred within 5 years of a prior DUI conviction and if the vehicle used in the violation is solely registered to the defendant, the vehicle shall be impounded at the defendant's expense for not more than 30 days, except in an unusual case when the Court finds the interest of justice would be served by not ordering impoundment.
VEHICLE IMPOUND
If the vehicle used in the violation is solely registered to the defendant, the vehicle may be impounded at the defendant's expense for not more than 30 days. VC23594
3rd Offense
Sentence (IF NO PROBATION)
These penalties apply to a conviction of V.C. Sec. 23152 if you have either:
(1) A separate conviction of V.C. 23152, or 23153, 23102, 23105 or 23106 which took place within seven years of the new offense OR
(2) You have a new separate conviction of 23103 under 23103.5 which occurred on or after January 1, 1982, and within 7 years of the new offense.
Upon a third or subsequent conviction for the 23152, you must successfully complete a one-year alcohol program in order to be eligible for a driver's license in the future.
JAIL
Minimum of 120 days, maximum of one year.
FINE
Minimum of $390.00 (plus mandatory penalty assessments) to maximum of $1,000.00 (plus mandatory penalty assessments.
LICENSE
Revoked for three years. License shall be surrendered to the Court and you shall be designated as an “habitual traffic offender.” The status of an habitual traffic offender will result in an enhanced jail sentence if you drive with a revoked license in a violation of Vehicle Code Section 14601.2
TREATMENT PROGRAM
None required; however, DMV will not reinstate license until proof of completion of a treatment program.
4th Offense
Sentence (IF NO PROBATION)
These penalties apply to a new conviction of V.C. Sec. 23152 if the defendant already has three or more separate convictions for either:
(1) A separate conviction of V.C. 23152, or 23153, 23102, 23105 or 23106 which took place within seven years of the new offense OR
(2) You have a new separate conviction of 23103 under 23103.5 which occurred on or after January 1, 1982, and within 7 years of the new offense.
JAIL
Minimum of 16 months, maximum of 2 or 3 years in state prison or 180 days to 1 year in county jail.
FINE
Minimum of $390.00 (plus mandatory penalty assessments) to maximum of $1,000.00 (plus mandatory penalty assessments).
LICENSE
Revoked for four years. License shall be surrendered to the Court and you shall be designated as an “habitual traffic offender.” The status of an habitual traffic offender will result in an enhanced jail sentence if you drive with a revoked license in a violation of Vehicle Code Section 14601.2.
TREATMENT PROGRAM
None required; however, DMV will not reinstate license until proof of completion of a treatment program.
- OR -
4th Offense
Sentence (IF PROBATION GRANTED)
These penalties apply to a new conviction of V.C. Sec. 23152 if the defendant already has three or more separate convictions for either:
(1) A separate conviction of V.C. 23152, or 23153, 23102, 23105 or 23106 which took place within seven years of the new offense OR
(2) You have a new separate conviction of 23103 under 23103.5 which occurred on or after January 1, 1982, and within 7 years of the new offense.
JAIL
Minimum of 180 days, maximum of 1 year or If ordered to attend 30 month treatment program: Minimum of 30 days, maximum of one year.
FINE
Minimum of $390.00 (plus mandatory penalty assessments) to maximum of $1,000.00 (plus mandatory penalty assessments).
LICENSE
Revoked for four years. License shall be surrendered to the Court and you shall be designated as an “habitual traffic offender.” You will be required to sign an affidavit on a DMV form acknowledging the license revocation and the designation as an habitual traffic offender. The status of an habitual traffic offender will result in an enhanced jail sentence if you drive with a revoked license in violation of Vehicle Code Section 14601.2.
TREATMENT PROGRAM
Participate in either an 18 month or upon a showing of good cause, a 30 month treatment program approved pursuant to Chapter 9, Part 2 of Division 10.5 of the Health and Safety Code, in order to be eligible for a drivers license following license revocation, regardless of the successful performance of other conditions of probation. No credit may be given for any program activities completed prior to the date of the offense charged.
VEHICLE IMPOUND
If the offense is within 5 years of two or more prior DUI convictions, and if the vehicle is solely registered to the defendant, the vehicle shall be impounded at the defendant's expense for not more than 90 days, except in an unusual case when the Court finds the interest of justice would be best served by not ordering impoundment. In addition, if the defendant is the solely registered owner of the vehicle used in the violation, the court may upon its own motion declare that vehicle to be a nuisance and order the forfeiture or sale of that vehicle. (VC23596).