The consequences for a DUI conviction in Sacramento, California may vary in different circumstances. However, sentencing and penalties for a DUI in California are listed as found in the California Vehicle Code Division 11.5:
Sacramento DUI First Offense:
Informal probation Three years during which you must:
Obey all laws;
Do not drive unless licensed and insured;
Do not refuse a chemical test if arrested for Driving under the influence and do not drive with measurable amounts of alcohol;
Forty-eight hours jail which may be served by a court approved alternative to jail. Some of the alternatives to a jail sentence may include: Sheriff's Work Project, Community Service, and Electronic Monitoring.
A fine of approximately $ 2,500.00. Instead of paying the fine you may perform about twenty additional days of Jail/Work project – usually raking leaves or picking up trash.
A three month DUI class if your test result is less than 0.15, a six month DUI class if your test result is .15 to .19, and a nine month dui program if your test result is 0.20 or higher.
Suspension of your driver's license for a minimum of six months. After 1 month not driving at all you can get a restricted license which allows you to drive for all work related driving and to and from the alcohol school.
You must also install an ignition interlock device on any vehicle you own or operate for a period of 5 months. If you equip your car with an ignition interlock device you are permitted to drive anywhere, anytime and it does not have to be work related. CALL NOW (916) 498-8460 FOR MY FREE NO OBLIGATION, CONFIDENTIAL CASE REVIEW
Sacramento DUI Second Offense Within Ten Years:
Informal probation four years during which you must:
Minimum sentence of 10 days, 4 of which MUST BE SERVED IN JAIL. (Occasional exceptions usually for medical reasons.)
Obey all laws;
Do not drive unless licensed and insured;
Do not refuse a chemical test if arrested for Driving under the influence
Do not drive with any measurable amounts of alcohol
Complete the Multiple offender's 18 Month DUI Class
Suspension of driver's license for 3 months before you can install an ignition interlock device and drive anywhere and anytime as long as you are using the IID. You will have to keep the ignition interlock device in your car for 12 months and cannot drive any vehicle which is not equipped with an IID during that time.
Sacramento Third DUI Offense Within Ten Years:
Minimum punishment is 120 day sentence and the court usually wants 6 days actually spent in jail with the balance of the sentence served on some form of Sheriff's work alternative or home detention.
The length of probation on a 3rd is generally 5 years with the same terms and conditions as mentioned above.
Completion of the 18 month DUI class.
Ignition interlock in your car for 24 months and you can get a restricted license with the IID after only 90 days of serving your no drive hard suspension.
Can be designated as a habitual traffic offender which will increase any future traffic fines.
Sacramento Fourth DUI Offense Within Ten Years:
Generally this is filed as a felony although it can be a misdemeanor.
The minimum sentence on a 4th is six months or 180 days. Usually they will want some time in custody and there is always a potential for prison although I usually do not see fourth offenders getting prison time.
Being labeled a felon has serious and significant drawbacks and can greatly effect your future. Amongst other repercussions felons cannot own or possess firearms.
Frequently Asked Questions about DUI
- How long is your license suspended for a DUI?
The duration of a license suspension for a DUI offense varies depending on the state and the specific circumstances of the case. Generally, the suspension period can range from a few months to several years. It's important to consult the laws of your state or seek legal advice for accurate information regarding license suspension for a DUI.
- How long after you smoke can you get a DUI?
The time it takes for the effects of smoking (e.g., marijuana) to impair your ability to drive can vary depending on factors like the potency of the substance, individual tolerance, and metabolism. It is crucial to understand that driving under the influence of any impairing substance, including marijuana, is illegal and can result in a DUI charge. It is always best to refrain from driving if you have consumed any substances that may impair your ability to drive safely.
- What is a DUI charge?
DUI stands for "Driving Under the Influence." It is a criminal charge that is issued when a person operates a motor vehicle while impaired by alcohol or drugs, exceeding the legal limits set by the jurisdiction. The impairment can be due to alcohol, illegal drugs, prescription medications, or even over-the-counter drugs that may affect a person's ability to drive safely.
- What is the difference between DUI and DWI?
The specific definitions and terminology can vary by jurisdiction. In some places, DUI (Driving Under the Influence) and DWI (Driving While Intoxicated) are used interchangeably to describe impaired driving offenses. However, in certain jurisdictions, there may be a distinction between the two, where DUI refers to impairment by alcohol, and DWI refers to impairment by drugs or a combination of substances. It's essential to consult the laws of your state to understand the specific definitions and distinctions.
- How to get out of a DUI first offense?
Getting out of a DUI charge can be a complex legal matter, and the strategies to mitigate or avoid the charges depend on the specifics of the case. However, some common approaches include hiring an experienced DUI attorney, challenging the legality of the traffic stop or arrest, examining the accuracy of field sobriety tests or breathalyzer results, or negotiating a plea bargain. It is crucial to seek professional legal advice to understand the options available in your situation.
- What is felony DUI?
A felony DUI is a more serious offense compared to a misdemeanor DUI. It typically involves aggravating factors such as multiple DUI convictions within a certain time period, causing injury or death while driving under the influence, driving with a suspended or revoked license due to a DUI, or having prior felony DUI convictions. Felony DUI charges can result in harsher penalties, including significant fines, imprisonment, mandatory substance abuse programs, and long-term license suspension.
- How long does a DUI stay on your record in California?
In California, a DUI conviction generally stays on your record for ten years. This means that the conviction can be considered as prior offenses if you are charged with subsequent DUI offenses within that ten-year period. It's important to note that the specific laws and regulations regarding record expungement and the impact of DUI convictions can vary by jurisdiction, so it's advisable to consult legal professionals for accurate information.
- How long do you have to wait to get a CDL after a DUI?
The waiting period to obtain a Commercial Driver's License (CDL) after a DUI conviction depends on several factors, including the jurisdiction and the type of license held. In general, a DUI conviction can result in a disqualification period ranging from one year to a lifetime ban from obtaining a CDL. The waiting period may also vary based on whether it is a first offense or a subsequent offense. It is essential to consult the Department of Motor Vehicles (DMV) or a qualified legal professional for specific information regarding CDL eligibility after a DUI.
- What is a high BAC for a DUI?
BAC stands for "Blood Alcohol Concentration," and it represents the amount of alcohol in a person's bloodstream. The legal limit for BAC varies by jurisdiction, but generally, a BAC of 0.08% or higher is considered illegal for driving in most states. However, it's important to note that even lower BAC levels can lead to impaired driving and potential DUI charges, especially for individuals under the legal drinking age or those operating commercial vehicles.
- How much is a DUI in California?
The financial costs associated with a DUI in California can be substantial and include fines, court fees, attorney fees, mandatory DUI programs, increased insurance rates, and other related expenses. While the exact amount can vary depending on the circumstances, a DUI conviction in California can cost several thousand dollars or more.
- How long is your license suspended for DUI?
License suspension periods for DUI offenses vary by jurisdiction and can depend on factors such as prior convictions, blood alcohol concentration, and whether it's a first offense or subsequent offense. In many states, a first-time DUI offense can result in a license suspension ranging from a few months to a year or more.
- How long does a DUI stay on your background check?
The duration that a DUI remains on your background check depends on the specific background check being conducted. Generally, a DUI conviction can appear on a criminal background check for up to ten years. However, certain employers or organizations may have different policies or timeframes for considering past DUI convictions during their screening processes. It's advisable to review the policies of the entity conducting the background check or consult legal professionals for accurate information.
- What happens when you get a DUI?
When you get a DUI, the consequences can vary depending on the jurisdiction and the specific circumstances of the case. However, common consequences may include arrest, suspension or revocation of your driver's license, fines, mandatory attendance at alcohol or substance abuse programs, probation, ignition interlock device installation, increased insurance rates, and potential imprisonment. The severity of the penalties can increase for subsequent DUI offenses or if aggravating factors are involved.
- How likely is jail time for a first DUI?
The likelihood of jail time for a first DUI offense depends on several factors, including the jurisdiction, blood alcohol concentration, presence of aggravating factors, and the quality of legal representation. While some jurisdictions impose mandatory minimum jail sentences for DUI convictions, others may offer alternatives such as probation, community service, or substance abuse programs. The possibility of jail time can vary significantly, and it's advisable to consult a DUI attorney to understand the potential consequences in your specific case.
- How to avoid jail time for a third DUI?
Avoiding jail time for a third DUI offense can be challenging, as penalties become more severe for subsequent offenses. It is crucial to seek professional legal advice from an experienced DUI attorney who can assess the specific circumstances and develop a defense strategy. Potential approaches may include challenging the evidence, negotiating for reduced charges or penalties, or pursuing alternative sentencing options such as rehabilitation programs or house arrest. The outcome will depend on the specific laws, prior convictions, and other factors related to the case.
DUI Attorney - John Campanella
Looking for a DUI/DWI lawyer near you in Northern California? I handle Felony DUI with injury, vehicular homicide, and DMV cases in Amador, Butte, Colusa, El Dorado, Marysville, Placer, San Joaquin, Solano, Yolo, Sacramento, Yuba County CA and Lake Tahoe City CA.. Contact me now for a free consultation.