Those arrested for drunk driving in Orange County, California face the
possibility of probation. Probation can be granted in addition to jail
time and other penalties, or a
DUI offender could only face probation and no jail time.
This differs from case to case, but the terms of probation for DUIs are
detailed in California Vehicle Code Sections 23538, 23542, 23548, and 23552.
Conditions of Probation for a First-Time DUI
When the court decides to grant probation for a first-time DUI offense,
the conditions of probation shall be as follows:
- A fine ranging from $390 to $1,000
- Between 48 hours and 6 months in jail
In addition to fines and jail time, California Vehicle Code Section 23538
states that the Department of Motor Vehicle (DMV) will be allowed to suspend
the person's driving privileges.
What about a restricted or hardship license? In some cases, the court will
allow an individual to petition for a restricted driver's license,
but subsection 3 of this code says that the court does not have to grant
this privilege if they feel the driver poses a safety risk.
Another condition of
first-time DUI probation is that the defendant enroll in a drug or alcohol education
program. The required days/hours are as follows:
- BAC less than .20%: minimum 3 months / 30 hours
- BAC .20% or higher: minimum 9 months / 60 hours
The court has the right to revoke a DUI offender's
probation at any time if they fail to meet any of the conditions of probation, such
as paying the fine and attending/enrolling in an alcohol education course.
Conditions of Probation for a Second DUI
The conditions of probation for a second DUI are very similar to the conditions
for a first DUI. The major difference is that the lengths of time and
required hours are heftier. See below:
- Jail for 10 days minimum to 1 year maximum AND a fine of $390 to $1,000, OR
- Jail for 96 hours minimum up to 1 year maximum AND a fine of $390 to $1,000.
With this option, the 96 hour jail sentence can be split in half, and
those two 48-hour blocks can be served nonconsecutive.
A second-time DUI offender will face license suspension for a greater length
of time than with a first DUI, and participate in 18 to 30 months of an
alcohol education program. Remember, if you've been arrested for drunk
driving, it is best to retain an aggressive DUI lawyer as soon as possible.
Arrested for DUI in Orange County?
Call the Law Offices of Virginia L. Landry, Inc. today for a free case evaluation
from a Board Certified DUI defense specialist!