Additional possible penalties for a DUI
If you are arrested for a first offense DUI, you face some potentially severe penalties. Please call DUI lawyer Mark Blair who can help get you the best possible outcome. DUI attorney Mark Blair has helped thousands of persons like you successfully navigate through and avoid many DUI consequences that can include the following.
Standard terms of probation
Pursuant to Vehicle Code Section 23600, a person convicted of a DUI or DUI with injuries be imposed the following terms and conditions as part of a probation sentence:
1. The period of probation will be a minimum of three years and can be as long as five years
2. The person shall not drive a motor vehicle with any measurable amount of alcohol in his or her blood
3. If arrested for a violation of DUI or DUI with injury, the person shall not refuse to submit to a chemical test of his or her blood, breath or urine
4. The person shall not commit any criminal offense
5. If a person violates probation by driving with any measurable amount of alcohol in his or her blood (.04% or more) or is arrested for a new DUI or DUI with injuries, the court can lengthen the probation to up to five years and order the person to serve at least 48 hours in jail in addition to any other penalties imposed.
The judge can make you surrender your license
If you are convicted of a first offense DUI, the judge can force you to surrender in court your license. Vehicle Code Section 23538 (b).
The judge can deny a restricted license
- Vehicle Code Section
23536, judge can declare the driver a “traffic safety risk” and thereby prevent the DMV from issuing a restricted license if the person’s license is suspended as a result of a DUI conviction or failure to set or loss of a DMV administrative per se hearing. This means: that the person would suffer a full six month suspension for a first offense DUI if the judge denies a restricted license. This means that the if the judge denies a restricted license, the person would not be able to drive for any reason for six months for a first offense DUI.
Impounding of vehicle
If a person is convicted of a first offense DUI, the court may order the vehicle impounded for one to 30 days. Vehicle Code Section 23594.
.15% or more of alcohol level
The court shall consider the alcohol level of .15% or more as a “special factor” that may justify enhancing (increasing) punishment. Vehicle Code Section23578.
.20% or more of alcohol level
The court shall order a person whose alcohol level was .20% or more to attend a nine month DUI class and not a three month DUI class. Vehicle Code Section 23538 (b)(2).
Ignition interlock device
A sentencing court is required to give “heightened consideration” to requiring an interlock device for a first offender with an alcohol level of .15% or more, with two or more prior moving violations or who refused a chemical test at the time of his arrest. If a judge does order an interlock device, the judge may require an interlock device for up to three years from the date of conviction. Vehicle Code Section 23575
60 days of jail for high speed/reckless driving
If a person is driving a motor vehicle 30 or more miles per hour above the maximum, prima facie or posted speed limit or a highway or 20 or more miles per hour above the same limit on a city street, and in a reckless manner, the person faces a potential 60 days jail sentence consecutive to any other jail time on a DUI case. Vehicle Code Section 23582.
Minor in a vehicle
Pursuant to Vehicle Code Section 23572, if a person is convicted of a DUI and had a minor under 14 years of age as a passenger at the time of the DUI, then the person can potentially receive the following penalties in addition to any other punishment:
First offense DUI: 48 hours of jail
Second offense DUI: 10 days of jail
Third offense DUI: 30 days of jail
Fourth offense DUI: 90 days of jail
Refusal to submit to or complete a chemical test
Pursuant to Vehicle Code Section 23577, if a person fails to submit to or complete a chemical test following a lawful arrest for a DUI, the person shall receive the following additional punishment:
First offense DUI: nine month, rather than the three month, DUI class and 48 hours of jail
Second offense DUI: 96 hours of jail
Third offense DUI: 10 days of jail
DISCLAIMER: The results of cases described depend on factual and legal circumstances that are unique to a specific client. This information does NOT constitute a guarantee, warranty or prediction regarding the outcome of your legal matter. Any reference to procedures, punishment or license consequences at court or the DMV in this web site and/or Bay Area DUI Law newsletter is NOT intended to be complete description of what can and will happen in each or every DUI case but instead is a simplified summary to facilitate the reader’s understanding of general issues involving DUI law. The law is in constant change; penalties and consequences change; as such, the reader should not and cannot rely upon anything mentioned in this web site and/or Bay Area DUI Law newsletter. The reader is strongly advised to seek competent legal counsel to ascertain the penalties and consequences that apply to his/her unique circumstances.