Providing discreet and superior DUI defense for the discerning few since 1975.
If a DUI conviction is not an option; if a DUI conviction will destroy your life; then it is time to turn to a nationally recognized leader of the DUI Defense Bar—James Farragher Campbell.
Driving
under the influence is a very serious offense with severe consequences.
If you have recently been arrested you may be facing stiff penalties
and in some cases, a possible jail sentence. We listed below
the various consequences of a DUI conviction.
Here are some helpful articles to aid people in California who have been arrested for DUI.
|
1ST
OFFENSE
|
SENTENCE: IF NO PROBATION |
| JAIL: |
Minimum
of 96 hours, 48 of which must be served continuously,
maximum of 6 months. |
| FINE: |
Minimum
of $390.00 (plus mandatory penalty assessments) to maximum
of $1,000.00 (plus mandatory penalty assessments). |
| LICENSE: |
Suspended
for 6 months. VC13352(a)(1) |
| TREATMENT
PROGRAM: |
None
required; however, DMV will not reinstate license until
proof of completion of a treatment program. |
|
-or-
|
1ST
OFFENSE
|
SENTENCE: PROBATION GRANTED |
|
If
you are placed on probation
one of the following two sentences may be imposed:
(Option
A)
| JAIL: |
Minimum
of 48 hours, 48 of which must be served continuously,
maximum of 6 months. |
| FINE: |
Minimum
of $390.00 (plus mandatory penalty assessments) to maximum
of $1,000.00 (plus mandatory penalty assessments). |
| LICENSE: |
Suspended
for six months. VC13352(a)(1) |
| TREATMENT
PROGRAM: |
Mandatory
attendance at alcohol/drug treatment program. If blood
alcohol count (BAC) was less than 0.20 percent, by weight,
participation in the program must be at least 3 months
or longer and if BAC was 0.20 or more percent, or if the
test was refused, participation in the program must be
at least 6 months or longer. |
(Option
B)
This
option is not available if you willfully refused
or failed to complete a chemical test. VC23577(a)(1)
| JAIL: |
Minimum
of 48 hours, 48 of which must be served continuously,
maximum of 6 months. |
| FINE: |
Minimum of $390.00 (plus mandatory penalty assessments)
to maximum of $1,000.00 (plus mandatory penalty assessments). |
| LICENSE: |
With
verification that proof of insurance has been provided
to the DMV by an insurance company, license restricted
for 90 days to travel to and from work and within scope
of employment and/or to and from the education program.
Such proof of insurance must be maintained for three years.
If the Court Orders a restriction understand that you
may not drive unless and until the DMV suspension of your
license has been served to completion or set aside, and
your license has been reinstated VC23538(3). At any time
during the three year period, if proof of insurance is
not maintained, the DMV will suspend your driving privilege
until such proof is provided. Under either of the above
options, the court may also suspend your license for 6
months. Your license will be suspended for 6 months if
your offense occurred in a vehicle which requires a Class
A or B drivers license. |
| TREATMENT
PROGRAM: |
Mandatory
attendance at alcohol/drug treatment program. If blood
alcohol count (BAC) was less than 0.20 percent, by weight,
participation in the program must be at least 3 months
or longer and if BAC was 0.20 or more percent, or if the
test was refused, participation in the program must be
at least 6 months or longer. |
| VEHICLE
IMPOUND: |
If
the vehicle used in the violation is solely registered
to the defendant, the vehicle may be impounded at the
defendant's expense for not more than 30 days. VC23594 |
|
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|
2ND
OFFENSE
|
SENTENCE: IF
NO PROBATION |
|
These
penalties apply to a conviction of V.C. Sec. 23152 if you
have either:
(1) A separate conviction of
V.C. 23152, or 23153, 23102, 23105 or 23106 which took place
within ten years of the new offense or
(2) You have a new separate conviction
of 23103 under 23103.5 which occurred on or after January
1, 1982, and within 10 years of the new offense.
| JAIL: |
Minimum
of 90 days, maximum of one year. |
| FINE: |
Minimum
of $390.00 (plus mandatory penalty assessments) to maximum
of $1,000.00 (plus mandatory penalty assessments. |
| LICENSE: |
Suspended
for 2 years. VC13352(a)(3) |
| TREATMENT
PROGRAM: |
None
required; however, DMV will not reinstate license until
proof of completion of a treatment program. VC13352(a)(3) |
|
-or-
|
2ND
OFFENSE
|
SENTENCE: PROBATION GRANTED |
|
If
you are placed on probation
one of the following two sentences may be imposed:
(Option
A)
| JAIL: |
Minimum
of 10 days, maximum of one year. |
| FINE: |
Minimum
of $390.00 (plus mandatory penalty assessments) to maximum
of $1,000.00 (plus mandatory penalty assessments). |
| LICENSE: |
Suspended
for 2 years. VC23351(a)(3) |
| TREATMENT
PROGRAM: |
None
required; however, DMV will not reinstate license until
proof of completion of a treatment program. VC13352(a)(3) |
(Option
B)
| JAIL: |
Minimum
of 96 hours to be served in two increments of 48 continuous
hours to one year in jail. The two increments may be served
non-consecutively. |
| FINE: |
Minimum
of $390.00 (plus mandatory penalty assessments) to maximum
of $1,000.00 (plus mandatory penalty assessments). |
| LICENSE: |
You
may obtain a license with verification that proof of insurance
has been provided to the DMV by an insurance company,
the license is restricted to travel to and from work and
within the scope of employment or attendance of alcohol
or drug program for duration of program. Such proof of
insurance must be maintained for three years. At anytime
during the three years period, if the proof of insurance
is not maintained, the DMV will suspend driving privilege
until such proof is provided. If the offense occurred
in a vehicle that requires a Class A or B driver's license,
your driver's license will be suspended for 2 years. |
| TREATMENT
PROGRAM: |
Your
participation would be required in either an 18-month
or a 30-month treatment program approved pursuant to chapter
9, Part 2, of Division 10.5 of the Health and Safety Code.
No credit may be given for any program activities completed
prior to the date of the offense charged. |
| VEHICLE
IMPOUND: |
If the offense occurred within 5 years of a prior DUI
conviction and if the vehicle used in the violation is
solely registered to the defendant, the vehicle shall
be impounded at the defendant's expense for not more than
30 days, except in an unusual case when the Court finds
the interest of justice would be served by not ordering
impoundment. |
|
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|
3RD
OFFENSE
|
SENTENCE: IF
NO PROBATION |
- NEW LAW 2012: Court may order a Ten (10) year revocation of the driver’s license of a person convicted of Three (3) or more prior violations of DUI.
These
penalties apply to a conviction of V.C. Sec. 23152 if you
have either:
(1) A separate conviction of
V.C. 23152, or 23153, 23102, 23105 or 23106 which took place
within ten years of the new offense or
(2) You have a new separate conviction
of 23103 under 23103.5 which occurred on or after January
1, 1982, and within 10 years of the new offense.
Upon
a third or subsequent conviction for the 23152, you must successfully
complete a one-year alcohol program in order to be eligible
for a driver's license in the future.
| JAIL: |
Minimum
of 120 days, maximum of one year. |
| FINE: |
Minimum
of $390.00 (plus mandatory penalty assessments) to maximum
of $1,000.00 (plus mandatory penalty assessments. |
| LICENSE: |
Revoked
for three years. License shall be surrendered to the Court
and you shall be designated as an "habitual traffic offender."
The status of an habitual traffic offender will result
in an enhanced jail sentence if you drive with a revoked
license in a violation of Vehicle Code Section 14601.2 |
| TREATMENT
PROGRAM: |
None
required; however, DMV will not reinstate license until
proof of completion of a treatment program. |
|
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|
4TH
OFFENSE
|
SENTENCE: IF
NO PROBATION |
|
These
penalties apply to a new conviction of V.C. Sec. 23152 if
the defendant already has three or more separate convictions
for either:
(1)
A separate conviction of V.C. 23152, or 23153, 23102, 23105
or 23106 which took place within ten years of the new offense.
(
2)
You have a new separate conviction of 23103 under 23103.5
which occurred on or after January 1, 1982, and within 10 years
of the new offense.
| JAIL: |
Minimum
of 16 months, maximum of 2 or 3 years in state prison
or 180 days to 1 year in county jail |
| FINE: |
Minimum
of $390.00 (plus mandatory penalty assessments) to maximum
of $1,000.00 (plus mandatory penalty assessments). |
| LICENSE: |
Revoked
for four years. License shall be surrendered to the Court
and you shall be designated as an "habitual traffic offender."
The status of an habitual traffic offender will result
in an enhanced jail sentence if you drive with a revoked
license in a violation of Vehicle Code Section 14601.2 |
| TREATMENT
PROGRAM: |
None
required; however, DMV will not reinstate license until
proof of completion of a treatment program. |
|
-or-
| 4TH
OFFENSE |
SENTENCE: PROBATION GRANTED |
These
penalties apply to a new conviction of V.C. Sec. 23152 if
the defendant already has three or more separate convictions
for either:
(1) A separate conviction of
V.C. 23152, or 23153, 23102, 23105 or 23106 which took place
within ten years of the new offense.
(2) You have a new separate conviction
of 23103 under 23103.5 which occurred on or after January
1, 1982, and within 10 years of the new offense.
| JAIL: |
Minimum
of 180 days, maximum of 1 year or If ordered to attend
30 month treatment program: Minimum of 30 days, maximum
of one year. |
| FINE: |
Minimum
of $390.00 (plus mandatory penalty assessments) to maximum
of $1,000.00 (plus mandatory penalty assessments). |
| LICENSE: |
Revoked
for four years. License shall be surrendered to the Court
and you shall be designated as an "habitual traffic offender."
You will be required to sign an affidavit on a DMV form
acknowledging the license revocation and the designation
as an habitual traffic offender. The status of an habitual
traffic offender will result in an enhanced jail sentence
if you drive with a revoked license in violation of Vehicle
Code Section 14601.2. |
| TREATMENT
PROGRAM: |
Participate
in either an 18 month or upon a showing of good cause,
a 30 month treatment program approved pursuant to Chapter
9, Part 2 of Division 10.5 of the Health and Safety Code,
in order to be eligible for a drivers license following
license revocation, regardless of the successful performance
of other conditions of probation. No credit may be given
for any program activities completed prior to the date
of the offense charged. |
| VEHICLE
IMPOUND: |
If the offense is within 5 years of two or more prior
DUI convictions, and if the vehicle is solely registered
to the defendant, the vehicle shall be impounded at the
defendant's expense for not more than 90 days, except
in an unusual case when the Court finds the interest of
justice would be best served by not ordering impoundment.
In addition, if the defendant is the solely registered
owner of the vehicle used in the violation, the court
may upon its own motion declare that vehicle to be a nuisance
and order the forfeiture or sale of that vehicle. (VC23596). |
|
Probation Violation
A .01% PAS or Chemical Test result can mean the loss of your license for one year or more, if you are on Court Probation
California Vehicle Code Section 23154 has changed the DMV license consequences for those on probation for a violation of Vehicle Code Section 23152 (DUI) or 23153 (DUI with injury).
Under this code, an officer will serve you an immediate order of suspension if you have a blood alcohol level (BAC) of 0.01% or greater, as measured by a preliminary alcohol screening (PAS) device or other chemical test, if you are on court-ordered probation for a DUI conviction. This is an Administrative Per Se (APS) action. You are not eligible for a restricted driver license during your suspension. The chart below shows the length of the suspension. If the officer determines that you are in violation of more than one APS action, you may be issued a suspension and/or revocation order for each action.
| While on court-ordered probation for a DUI conviction, you… |
You will receive… |
| submit to a PAS or other chemical test with a BAC of 0.01% or greater, |
A one year suspension. |
| refuse or fail to submit to a PAS test or other chemical test, |
A two year suspension. |
| refuse or fail to submit to a PAS test or other chemical test, and you have two or more prior DUI convictions, |
A three year revocation. |
| |
|
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