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

Fourth Offense DUI - Court & DMV Penalties

PUNISHMENT IMPOSED BY THE COURT UPON CONVICTION:

PROBATION:

3 to 5 years formal probation

JAIL:

16 Mo. to 3 Years in State Prison with possibility of further sentence enhancements based on conduct and prior record. If probation is granted, up to 1 year in County Jail with a minimum of 180 days.

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 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 (IN ADDITION TO THE ABOVE)

  • One year enhancement for every prior prison term

  • Subjected to Three Strikes Law with prior serious and violent felony

  • Refusal/Forced Blood –
    Mandatory additional 18 days Jail
  • Passenger in Vehicle Under Age 14 –
    Mandatory additional 90 days Jail
  • Speeding ≥ 30 mph on Freeway or ≥ 20 mph on Street or Highway –
    Mandatory additional 60 days Jail

DMV ACTION UPON CONVICTION:

  • 4-year license revocation (no driving whatsoever)

SEPARATE DMV ADMINISTRATIVE PER SE SUSPENSION ACTION:

  • BAC ≥ .08 –
    1-year mandatory suspension with no option for restricted license
  • Refusal/Forced Blood –
    3-year license revocation (no option for restriction)

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