WHAT IS THE PUNISHMENT FOR DRUNK DRIVING IN ORANGE COUNTY

The penalties for “drunk driving” depend on a variety of factors: (1) whether it is a first, second, or third offense misdemeanor DUI, or a felony DUI as a result of this being the person’s fourth or greater DUI; (2) whether the person was involved in an traffic collision and injured or killed another person; (3) the person’s blood alcohol concentration; and (4) whether any other additional enhancements exist, which commonly include:

• The defendant refused to submit to a chemical test;
• The blood-alcohol concentration was over 0.20%;
• The blood-alcohol concentration was over 0.15%;
• There was a traffic collision, whether or not it caused injury or death;
• The person was driving 30 miles or more over the speed limit;
• A child was in the car at the time;
• The person was under 21-years old at the time of the offense, thereby bringing them under the “zero tolerance” laws.

FIRST OFFENSE DUI (NO PRIORS WITHIN 10-YEARS)

PROBATION:

3-to-5 Years Informal Probation

JAIL: 

48-hours and up to 6 months jail time may be imposed

COURT FINES: 

Minimum $390.00 fine to maximum of $1000.00—Note, however that the $390.00 minimum fine, after adding penalty assessments and miscellaneous court fees, results in a total amount due of approximately $1400.00-to-$1800.00.

DUI SCHOOL:  

• Attendance at First Offender Program (FOP) Required
• BAC ≤ .15—3-month FOP
• BAC .15 to .19—6-month FOP
• BAC ≥ .20—9-month FOP

COURT MAY ALSO ORDER:

• Impound Vehicle up to 30-days if owned by defendant
• Ignition Interlock Device (IID) for up to 3-years

INCREASED PENALTIES FOR DUI ENHANCEMENTS:

• Refusal—An additional 48-hours of Jail

• Passenger in Vehicle Under Age 14—Additional 48-hours of Jail

• Speeding ≥ 30 mph on Freeway or ≥ 20 mph on Street or Highway—Additional 60-days Jail

SECOND OFFENSE DUI (1 PRIOR WITHIN 10 YEARS)

PROBATION:

3-to-5 years Informal Probation

JAIL:

96-hours minimum mandatory jail and up to one year jail maximum may be imposed.  In Orange County, the jail sentence typically averages between 30 and 90 days.

COURT FINES:

Minimum $390.00 fine to maximum of $1000.00—Note, however that the $390.00 minimum fine, after adding penalty assessments and miscellaneous court fees, results in a total amount due of approximately $1400.00-to-$1800.00.

DUI SCHOOL:

Attendance at 18-month Multiple Offender Program (MOP) required

COURT MAY ALSO ORDER:

• Impound Vehicle up to 30-days if owned by defendant
• Ignition Interlock Device for up to 3-years

INCREASED PENALTIES FOR DUI ENHANCEMENTS:

• Refusal/Forced Blood—Mandatory additional 96 hours Jail

• Passenger in Vehicle Under Age 14—Mandatory additional 10 days Jail

• Speeding ≥ 30 mph on Freeway or ≥ 20 mph on Street or Highway—Mandatory additional 60 days Jail

THIRD OFFENSE DUI (2 PRIORS WITHIN 10 YEARS)

PROBATION:

3-to-5 Years Informal Probation

JAIL:

120 days minimum mandatory jail and up to one year jail maximum may be imposed.  In Orange County, the jail sentence typically averages between 180 and 270 days.

COURT FINES:

Minimum $390.00 fine to maximum of $1000.00—Note, however that the $390.00 minimum fine, after adding penalty assessments and miscellaneous court fees, results in a total amount due of approximately $1400.00-to-$1800.00.

DUI SCHOOL:

Attendance at 18-month or 30-month Multiple Offender Program (FOP) required

COURT MAY ALSO ORDER:

• Impound Vehicle up to 90-days if owned by defendant
• Ignition Interlock Device for up to 3-years

INCREASED PENALTIES FOR DUI ENHANCEMENTS:

• Refusal/Forced Blood—Mandatory additional 10-days Jail

• Passenger in Vehicle Under Age 14—Mandatory additional 30-days Jail

• Speeding ≥ 30 mph on Freeway or ≥ 20 mph on Street or Highway—Mandatory additional 60-days Jail

ORANGE COUNTY COURTHOUSE LOCATIONS:

If you were arrested in Orange County, California, you will be required to appear at any one of the locations listed below for your arraignment.  On your Notice to Appear, please locate the date, time, and location of your arraignment.

If you were a juvenile at the time of your offense, you will need to appear at the Lamoreaux Justice Center, which is listed at the bottom of this list.

CENTRAL JUSTICE CENTER (CJC)

700 Civic Center Drive West
Santa Ana, CA 92701

Website: www.occourts.org/locations/cjc.html

HARBOR JUSTICE CENTER—NEWPORT BEACH FACILITY (HJC/NB)

4601 Jamboree Road
Newport Beach, CA 92660-2595

Website: www.occourts.org/locations/hjc-nb.html

HARBOR JUSTICE CENTER—LAGUNA HILLS FACILITY (HJC/LH)

23141 Moulton Parkway
Laguna Hills, CA 92653-1251

Website: www.occourts.org/locations/hjc-lh.html

NORTH JUSTICE CENTER (NJC)

1275 North Berkeley Avenue
Fullerton, CA 92832-1258

Website: www.occourts.org/locations/njc.html

WEST JUSTICE CENTER (WJC)

8141 13th Street
Westminster, CA 92683-4593

Website: www.occourts.org/locations/wjc.html  

LAMOREAUX JUSTICE CENTER (LJC)

341 The City Drive
Orange, CA 92868-3209

Website: www.occourts.org/locations/ljc.html

For a list of list of general telephone numbers to reach any of the above-referenced courthouses, visit: www.occourts.org/locations/general-phone.html.  For the telephone numbers of specific courtrooms within each of the above-referenced courthouses, visit: www.occourts.org/locations/judicial-dept-roster.html.

If you or anyone you know was recently charged with Driving Under the Influence (DUI), please contact the Law Office of Barry T. Simons by telephone at: 949-497-1729.  You may also send a Confidential Contact Form via Email.  The Confidential Contact form can be found on our website at: www.duilawyerorangecounty.com.  Anyone charged with a DUI is encouraged to contact the Law Office of Barry T. Simons as soon as possible for a free legal consultation.  The call could make the difference between your being convicted of a DUI or being acquitted of it.

For general information on California Drunk Driving Laws or representation for Driving Under the Influence (DUI), please contact our website at: www.duilawyerorangecounty.com.