DUI Arrest: Penalties And Punishment

The punishment for an Orange County DUI can be harsh and can seriously affect your personal and professional life. The possibilities include time in the Orange County jail or in prison, suspension or revocation of your driver’s license by the DMV, suspension or revocation of your professional license or other professional discipline, hefty fines, and more. These severe penalties are why it is important to consult with one or more Orange County DUI lawyers about possible defenses or mitigation strategies available in your case. What penalties are imposed in any specific case depends on many factors including;

• Any prior DUI convictions
• Was there an accident
• Was there an injury (potential felony DUI charges)
• Was there a hit-and-run
• The blood-alcohol level
• Cooperation with police
• Whether there was a child in the car (mandatory jail)
• Was there reckless driving

In Orange County, every courthouse has its own policies and procedures regarding punishment of DUI defendants. That’s why it is very important to find a DUI defense attorney who practices regularly in the courthouse where you are charged. A DUI attorney may be far more able to help you if they are familiar with the DA and judge who are handling your case. Prosecuting DUI defenders is a high priority in the Orange County District Attorney’s office. DUI enforcement has become a politically sensitive topic and no elected judge wants to appear “soft” on the issue. Often, the sentence you end up with will depend on the skill of your DUI defense attorney. This skill includes their training, experience and their familiarity with each judges policies and practices as well as which DAs to avoid and which to seek out. In most cases, the existence of a prior DUI conviction within the past ten years is the biggest factor for both the judge and the DA in determining how to punish a DUI. The mandatory minimum punishment increases drastically when there is one or more prior DUI convictions. The range of penalties includes the following: First-Offense DUI

• Jail time: 0 – 6 months
• Mandatory alcohol program: three, six, or nine-month alcohol program (depending on blood-alcohol level)
• Driver’s license suspension: 6 months (1-year for a refusal to take a blood or breath test)
• Court fines/fees: $2,100.00 - $3,500.00
• Probation: 3 – 5 years formal or informal
• SR-22 (proof-of-insurance) required for the entire length of probation

Second-Offense DUI

• Jail time: 4 days - 1 year (in Orange County a sentence of 60 to 90 days in the Orange County jail is the standard offer)
• Driver’s license suspension: 2 years (possibility of restricted license after 90 days if Ignition Interlock Device is installed in the vehicle)
• Court fines/fees: $2,100.00 - $3,500.00
• Probation: 3 – 5 years formal or informal probation
• Mandatory alcohol program: 18 months
• SR-22 proof of insurance required for the entire length of probation

Third-Offense DUI

• Jail time: 4 months (mandatory minimum) - one year (the standard offer in Orange County is eight months in the Orange County jail)
• Driver’s license revocation: 3 years (possibility of restricted license after 9 months if Ignition Interlock Device is installed in vehicle)
• Court fines/fees: $2,100.00 - $3,500.00
• Probation: 5 years formal or informal
• Mandatory alcohol program: 18 months
• SR-22 proof of insurance required for the entire length of probation

Fourth Offense DUI (wobbler—can be, and almost always is, charged as a felony)

• Jail Sentence: 6 months – 3 years state prison
• Driver’s license revocation: 4 years
• Court fines/fees: $15,000.00
• Probation: 5 years formal
• Mandatory alcohol program: 18 months
• SR-22 proof of insurance required for length of probation

DUI with Injury (wobbler—can be charged as a felony)

• Up to one year in jail or up to 3 years in the state prison if charged as a felony
• An additional one year of prison time for each additional injured victim
• An additional 3 years of prison time if the jury finds that the injury is “great bodily injury”
• Court fines/fees: Up to $15,000.00
• Probation: 5 years of formal probation
• Alcohol program: 18 months
• SR-22 proof of insurance required for length of probation

Sentence Enhancements Certain provisions of the law either “encourage” or require a judge to “enhance” (increase) the punishment in the following instances:

• Speed exceeding 20 mph over the speed limit on a surface street or 30 mph over the speed limit on a freeway while driving recklessly (mandatory 60 additional days in the Orange County jail)
• Blood-alcohol level over .15% (Judge is encouraged to enhance the sentence at his or her discretion)
• Child 14-years-old or younger in the vehicle (Judge MUST impose some jail time)
• Refusal to take blood or breath test (Requires an additional 48-hours of jail)
• On probation already for a prior DUI (the judge may impose some or all of the jail time hanging over your head from the prior DUI)
• Driver under 21-years-old (mandatory one-year driver’s license suspension)

If you face charges for a DUI call The Law Offices of EJ Stopyro at (949) 559-5500. We offer a free and confidential telephonic consultation with an experienced Orange County DUI attorney. Our main office is located at 32072 Camino Capistrano, 2nd floor, San Juan Capistrano, CA 92675. You can also reach us on our Contact Us page.