Orange County DUI Penalties

The penalties for conviction include criminal court penalties as well as penalties imposed by the California Department of Motor Vehicles (DMV). License suspension, fines, court fees, jail time, community service, installation of an ignition interlock device, and alcohol education programs are all possible penalties an individual convicted of driving under the influence may face.

Specific DUI Penalties Are as Follows:

• First DUI Offense

  • 4-month license suspension
  • 3 to 9 months of DUI school
  • fines and court fees of $1400 to $1800
  • 48 hours to 6 months in county jail

• Second DUI Offense (within 10 years)

  • 2 year license suspension
  • 18 months of DUI school
  • Fines and court fees of $1800 to $2800
  • 96 hours to a year in county jail

• Third DUI Offense (within 10 years)

  • 3-year license suspension
  • 18 months of DUI school (if not completed already)
  • Fines and court fees of up to $2800
  • 4 months to 1 year in county jail

• Fourth DUI Offense (within 10 years)

  • 4-year or permanent license suspension
  • Fines and court fees
  • 6 months to 3 years in county jail or state prison

• Vehicular Manslaughter

  • Up to 4 years in state prison
  • With gross negligence, up to 10 years in state prison

• DUI Causing Injury

  • Up to 3 years in state prison
  • With great bodily injury, an additional 3 years in state prison

Most cases come down to whether the driver had a blood alcohol concentration (BAC) at or above the legal limit. Field sobriety tests will also play an important part in the prosecuting attorney being able to prove that the driver’s abilities were impaired. It is up to a defense lawyer to prove that the driver was unlawfully stopped, the breathalyzer test or blood test was not accurate, field sobriety testing was improperly performed, or the driver’s rights were violated.

Enhancements in DUI Cases

There are many other defenses an attorney may use in representing a client, but it will depend upon the particular case and circumstances surrounding the arrest, charges, etc. Drunk driving penalties will vary depending upon the severity of the charge and the number of prior offenses, if any. Some cases will also involve enhancements, which result in additional penalties.

Some DUI enhancements include the following:

• BAC of 0.16% or higher
• Previous convictions
• Property damage or bodily injury
• Minor under 14 years old in the vehicle
• Excessive speeding
• Breath test refusal

At Gold & Witham, we understand that the penalties associated with DUI-related offenses are severe. Our defense attorneys take driving under the influence cases seriously, and we utilize our more than 40 years of experience to provide tailor-made defense strategies that will be most effective both at DMV hearings and throughout the entire court process.