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California DUI: Conditions of Probation

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!