Barry T. Simons, Orange County California lawyer providng DUI defense in Buena Park, Costa Mesa, Fullerton, Huntington Beach, Laguna Hills, Mission Viejo and San Clemente

 

First Offense DUI - Court & DMV Penalties

PUNISHMENT IMPOSED BY THE COURT UPON CONVICTION:

PROBATION:

3 to 5 years informal probation

JAIL: 

48 hrs up to 6 months jail time may be imposed

COURT FINES: 

Minimum $390 fine to maximum of $1000. Note, however that the $390 minimum fine, after adding penalty assessments & miscellaneous court fees, results in a total amount due of approximately $1400 to $1800.

DUI SCHOOL:  

  • Attendance at First Offender Program (FOP) required
  • BAC ≤ .14 - 3-month FOP
  • BAC 15 to .19 - 6-month FOP
  • BAC ≥ .20 - 9-month FOP
  • Refusal - 9-month FOP

COURT MAY ALSO ORDER:

  • Impound Vehicle up to 30 days if owned by defendant
  • Ignition Interlock Device for up to 3 years.  After July 1, 2010, First Offenders get a mandatory 5 month Ignition Interlock installation requirement if convicted in Los Angeles, Alameda, Sacramento or Tulare counties)

INCREASED PENALTIES FOR DUI ENHANCEMENTS (IN ADDITION TO THE ABOVE)

  • Refusal -
    Mandatory additional 48 hours Jail
  • Passenger in Vehicle Under Age 14 -
    Mandatory additional 48 hours Jail
  • Speeding ≥ 30 mph on Freeway or ≥ 20 mph on Street or Highway -
    Mandatory additional 60 days Jail

DMV ACTION UPON CONVICTION:

  • 6-month license suspension (no driving whatsoever)
  • 10-Month license suspension if BAC >0.20% or refusal
  • Restriction Eligibility: Upon meeting certain requirements, DMV will issue a restricted license in lieu of the suspension. A restricted license allows driving to and from and during the course of employment and to and from the First Offender Program. Note, court may order no restriction eligibility

SEPARATE DMV ADMINISTRATIVE PER SE SUSPENSION ACTION:

  • BAC < .08 -
    No action taken - suspension set aside
  • BAC ≥ .08 -
    4-month suspension with eligibility to obtain restricted license after serving 30-day suspension & upon meeting certain DMV requirements
  • Refusal -
    1-year mandatory suspension with no option for restricted license

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