DUI Penalties in Orange County
In Orange County and throughout California, driving while under the influence is taken extremely seriously with penalties that have the severity to match. These penalties, however, depend on the circumstances of the case, including past criminal record, blood alcohol concentration (BAC), and more. Below, we have outlined some of the most common penalties that defendants are facing in DUI cases, as outlined in California Vehicle Code Division 11.5 If you have further questions or would like to learn how we can protect your rights, call us today.
- Driver's license suspension for up to 4 months
- Probation for 3 to 5 years
- 3, 6 or 9 months of alcohol classes
- Base fines or court fees of $390 to $1,000, and additional penalty assessments.
- 0 to 6 months in county jail
- IID requirements coming in 2019
Second DUI Offense (Within 10 Years)
- Driver's license suspension up to 2 years
- 3 to 5 years of probation
- 18 months of mandatory alcohol classes
- AA meetings
- Base fines of $390 to $1,000, and additional penalty assessments
- 96 hours to 1 year in county jail
- IID requirements
Third DUI Offense (Within 10 Years)
- Driver's license suspension for up to 3 years
- Up to 5 years of probation
- 18 months of alcohol classes
- AA meetings
- Ignition Interlock Device installed on defendant's vehicle
- 120 days to 1 year in jail
- IID requirements
Fourth DUI Offense (Within 10 Years)
- Felony charges
- License suspension for up to 4 years
- 18 months of mandatory alcohol classes
- AA meetings
- Incarceration in county jail or state prison
Enhanced DUI Penalties
Factors That Can Enhance Penalties
- A blood alcohol concentration of .15% or greater
- A minor under the age of 14 in the car with the defendant at the time of the offense
- Prior DUI convictions
- Causing an auto accident resulting in injury or death
- Refusing to submit to a chemical testing
- Having prior felony offenses
- Speeding and reckless driving
fAQ About DUI Penalties
- Will I lose my driver's license?
As soon as you're arrested for DUI the police will confiscate your driver's license. At this time, you will be given a temporary license that is good for 30 days. You have 10 days from your arrest to schedule an administrative hearing with the DMV. This hearing is your opportunity to contest the suspension of your driver's license. If the DMV representative presiding over the hearing rules in your favor, your license will be reinstated. However if you are found guilty, your license will remain suspended. It should also be mentioned that even if you are found not guilty during the hearing, you can still lose your driving privileges if you are found guilty during the criminal part of your case.
- Will I go to jail?
Most people do not go to jail for a basic first-time DUI. That being said, there are certain factors that will definitely increase a person's chances of being sent to jail, such as having multiple DUI arrests/convictions on your record, driving with a BAC of .15 or higher, driving with a child in the vehicle, or causing a serious or fatal accident.
The best way to avoid going to jail for a DUI is by contacting an experienced Orange County DUI lawyer who can ensure your case is aggressively defended.
- What are some of the other DUI penalties I could face?
In addition to license suspension, common penalties for a DUI include probation, fines, community service, and mandatory participation in an alcohol education class.
- Can I expunge a DUI?
There are times when you might be able to have a DUI conviction expunged from your record. An experienced DUI attorney at our firm can provide you with more information about the benefits associated with expungements and record sealing.
- Will I lose my job?
If you have a job that requires you to drive, your employer may feel you are no longer fit for that position. However, there is no law that says an employer must fire an employee who is arrested on DUI charges.
Contact the Law Offices of Virginia L. Landry Today: (949) 537-2202
If you have been accused of drinking and driving, it is critical that you get the help of an experienced Orange County DUI defense lawyer to look out for your rights. At the Law Offices of Virginia L. Landry, we have helped people throughout Southern California challenge the charges that they are facing. We fight tirelessly to help clients reach the best possible outcome, whether charges are dismissed, penalties reduced, or even a “not guilty” verdict is won. To learn how we can help you fight to avoid serious penalties, get in touch today!