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ORANGE COUNTY DUI LAWYERS
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Orange County DUI Penalties

Orange County DUI Penalties

Probably the most asked question relating to an Orange County DUI charge is "What are the penalties?" The answer to the question is difficult to answer in light of the fact that the Orange County Courts are some of the toughest in the State of California.

ORANGE COUNTY DUI PENALTIES

The ranges of penalties for a first offense DUI vary greatly from a second offense DUI and even more for a third offense DUI. The greatest disparity exists between a first offense DUI and fourth offense DUI as a fourth offense DUI is automatically treated as a felony. 
Under Vehicle Code § 23550.5 a second or third offense will be treated as a felony if you had a separate conviction for a felony DUI within 10 years of the most recent DUI charge.

STATUTORY D.M.V. ADMINISTRATIVE SUSPENSION ACTIONS

Under-21 With .01 Or Higher BAC

.08 Or Higher BAC

Refusal

DUI Probation .01 or Higher

No Prior Conviction Or Administrative Action Within 10 Years—Offense Date to Offense Date

One Year

After 30 days, “Critical Need”

Restriction Eligible SR-22

Four Months

After 30 days

Restriction Eligible Unless New Arrest SR-22

One Year

No Restriction

Eligibility

SR-22

N/A

One Prior Conviction and/or Administrative Action Within 10 Years—Offense Date to Offense Date

One Year

No Restriction

Eligibility

SR-22

One Year*

IID-Restriction

Eligibility After 90 Days*

SR-22

Two Years

No Restriction

Eligibility

SR-22

One Year IID-Restriction

Eligibility After 90 Days*

SR-22

Two or more Convictions and/or Administrative Actions Within 10 Years—Offense Date to Offense Date

One Year

No Restriction

Eligibility

SR-22

One Year** IID-Restriction

Eligibility After 180 Days**

SR-22

Three Years

No Restriction

Eligibility

SR-22

Two Years IID-Restriction

Eligibility After 180 Days

SR-22 


FIRST OFFENSE DUI PENALTIES IN ORANGE COUNTY, CALIFORNIA

First offenders find themselves in the best position to avoid jail time unless the case involves the aggravating factors listed in the chart below or involved in an accident and/or hit and run charges. While some may say that a first offender need not hire an attorney, many learn to regret the decision to forego retaining an attorney later finding that they may have ended up with a reduction, or better yet, avoided a DUI conviction altogether. There is no substitute for the skill and knowledge that an experienced Orange County DUI Lawyer can bring to your Orange County DUI case.

CURRENT
OFFENSE

SEPARATE* OFFENSES

WITHOUT PROBATION

WITH PROBATION FOR 3 TO 5 YEARS

§23152

NONE

§23536

§23538

•   $390 to $1000 fine, plus assessments (§§23536(a), 23538(a)).

•   May impound car up to 6 months if owned by defendant (§23592).

•   Up to 3 years optional ignition interlock (§23575(a)(1), see §10:29).

[Mandatory 5-month IID for convictions in Alameda, Los Angeles, Sacramento, and Tulare on or after July 1, 2010—see §10:29.1]

•   If under 14-year-old passenger pled and proved, additional 48 continuous hours jail (§23572(a)(1)), unless convicted of Pen. C. §273(a).

•   6-month license suspension (10-months if .20% or higher or refusal, and offense date 1/1/07 or later), but immediate restriction eligibility per 13352(a)(1) (except for commercial privilege, and commercial driver driving commercial vehicle—§13352.4(g)). Court may order no restriction eligibility per §23536(d) or §23538(a)(3), and DMV bound by order. §13352.4(h). No return DP until DUI Program completed (§§13352(a)(1), 13353.4(c)•   Optional vehicle impoundment up to 30 days if car owned by defendant (§23594).

96 hours to 6 months jail (§23536), at least 48 hours of which must be continuous. (§23536(b)) (but see Pen. C. §§2900.5(f) and 23600(c)).

First offender drinking driver program [FOP]minimum 3 months/30 hours or 6 months/45 hours (9 months/60 hours if offense date January 1, 2006 or later) if BAC = 0.20% or refusal (see §10:82) (§§23538(b), 13352(a)(1), H&S §11837(c)).

--------------

Additional probation terms, see Mandatory probation violation terms,

COLLATERAL CONSEQUENCES OF A DUI CONVICTION: WHAT YOU MUST KNOW

  • The conviction may be reported to your regulatory agency by the Department of Justice
  • You may be required to report the conviction to your regulatory licencing agency
  • You will have to disclose the conviction when you renew your professional license
  • The fact of conviction may be disclosed on your regualtory agency's web site
  • You may be required to disclose the conviction to your employer
  • Your insurance can increase by thousands of $$each year for years to come
  • The cost of your health insurance may increase
  • It maybe difficult to obtain Life Insurance and its cost may increase
  • You may be prevented from entering foreign countries including Canada
  • Many future jobs may be closed to you due to a conviction.
  • Your alcohol program may conflict with your professional obligations

SECOND OFFENSE DUI PENALTIES IN ORANGE COUNTY, CALIFORNIA


While the statutory minimum for a second offense DUI is only four (4) days, which can be split-up over two (2), forty-eight (48) hour weekends, Orange County starts with a sentence that ranges from 45-to-60 days. If you are still on probation for a prior DUI conviction, or have a high blood alcohol level, you can expect the Orange County District Attorney’s Office to press for a more severe jail sentence that for your second offense Orange County DUI charge. Sometimes this jail time can be done in a private city jail, and sometimes it can be done on Supervised Electronic Home Confinement (SEC); however, there is no guarantee that the judge in your Orange County DUI case will allow you to serve your time anywhere else but County Jail. This is why the retention of an experienced Orange County DUI Attorney is advisable if you are facing a multiple offense DUI charge in Orange County.

NOTE:
Under Vehicle Code § 23550.5 your current offense will be a felony if you had a separate conviction for a felony DUI within 10 years.

Our professional promise to you is that we will do everything possible to resolve your Orange County DUI case in a way that will not destroy your career.  A second offense DUI will result in disciplinary action for most professionals. If you provided your fingerprints through "Live-Scan", you can be assured that you will likely be contacted by your regulatory Board within 10 days of your arrest.  How you handle your Court case and how your attorneys prepare for the Administrative action will have profound consequences for your career.

CURRENT
OFFENSE

SEPARATE* OFFENSES

WITHOUT PROBATION

WITH PROBATION FOR 3 TO 5 YEARS

VC § 23152

1

Current offense date within 10 years of 1 convicted offense under §23101, 23102, 23152, 23153, or 23103 per §23103.5(c).

VC § 23620: Drunk boating (Harb. & Nav. §655 (b)(c)(d)(e)) after 12/31/91 equals §23152. And Pen. C. §§191.5, 192(c)(3), and, after 12/31/91 drunk boating w/injury (§655(f)), equal §23153.

VC § 23540

VC § 23542

•   $390 to 1000 fine, plus assessments (§§23540, 23542(a)/(b)(2)).

•   Refusal is additional 96 hours jail if pled and proven (§23577(a)(3)).

•   Any jail term must include 48 continuous hours jail or in-patient rehab, or 10 days community service not picking up trash (§23580, but see Pen. C. §2900.5(f)).

•   Suspend license 2 years (restriction eligibility for non-commercial privilege, per §13352(a)(3), after serving 1 year suspension period(IID-restriction eligibility after just 90 days if only alcohol impairment) —credit from admin suspension arising out of same incident may be applied). Court may order no restriction eligibility per §23540(b) or 23542(d), and DMV bound by order. §§13353(a)(3) and 13352.5(g). But see §10:24(b) below.

•   Minimum 18-month drinking driver program (§23542(b)(1).

•   If under 14-year-old passenger pled and proven, additional 10 days jail (§23572(a)(2)), unless convicted of Pen. C. §273(a).

•   Ignition interlock optional up to 3 years (23575(l), see §10:29), but required for restricted license outside of work and DDP (13352(a)(3) and 23575(f)(1)). Ignition interlock device not statutorily required for work and DDP restriction only (13352.5(c)). [Mandatory 12-month IID for convictions in Alameda, Los Angeles, Sacramento, and Tulare on or after July 1, 2010—see §10:29.1]

•   Mandatory car impound 1 to 30 days unless unusual circumstances, but only if prior §23152 or 23153 within 5 years (§23594).

If prior within 10 yrs was punished as a felony (23550.5, §115.2): Up to 1 yr jail or 16 months, 2 or 3 yrs prison, habitual traffic offender designation , 18 or 30-month DUI Program, 4-year license revocation with eligibility for IID- restricted license after 12 months (13352(a)(7) (effective 1/1/12, CVC § 23597 will authorize courts to order 10-year license revocation for persons with three or more separate 23152 or 23153 convictions regardless of the date, subject to certain limitations. See §10:24.2(a).

90 days to 1 year jail (§23540).

10 days to 1 year jail (23542(a)(1)(A))*

OR

96 hours to 1 year, with the 96 hours being served in two 48 hour increments of continuous confinement (23542(a)(1)(B)). The two 48 hour increments may be non-consecutive.*

--------------

Additional probation terms, see §10:26. Mandatory probation violation terms, see §10:93.2.

 

THIRD OFFENSE DUI PENALTIES IN ORANGE COUNTY, CALIFORNIA

Being charged with a Third Offense DUI in Orange County can be a life changing event. While the statutory minimum is 120 days, Orange County starts off with sentences that range from 180-to-270 days, sometimes a year depending on the circumstances of the Orange County DUI case.  If you are currently on probation and are charged with a Third Offense DUI you will face additional consequences from the Judge for violating the terms and conditions of probation.  Some Judges will revoke your probation and remand you into custody without bail pending a hearing on your probation violation.  There are alternatives to long jail sentences that could result in the loss of a job that an experienced Orange County DUI Lawyer can guide you through.  This is why hiring an experienced Orange County DUI Attorney is advisable if you are facing a multiple offense DUI charge out of an Orange County Court. 

NOTE: Under Vehicle Code § 23550.5 your current offense will be a felony if you had a separate conviction for a felony DUI within 10 years.

CURRENT
OFFENSE

SEPARATE* OFFENSES

WITHOUT PROBATION

WITH PROBATION FOR 3 TO 5 YEARS

VC § 23152

2

 

Current offense date within 10 years of 2 convicted offenses under VC § 23152, VC § 23153, or VC § 23103 per VC § 23103.5(c).

 

 

 

 

 

 

 

 

 

 

VC § 23620: Drunk boating (Harb. & Nav. § 655 (b)(c)(d)(e)) after 12/31/91 equals VC § 23152; Pen. C. §§ 191.5 and 192(c)(3), and, after 12/31/91 drunk boating w/injury (§ 655(f)), equal VC § 23153.

VC § 23546

VC § 23548

•   $390 to $1000 fine, plus assessments (§§23546(a), 23548(a)). Additional 10 days jail if refusal is pled and proven (§23577(a)(4)).

•   Any jail term must include 48 continuous hours jail or 10 days community service (§23580, but see Pen. C. §2900.5(f)).

•   Revoke license 3 years, with IID-restriction eligibility after 12 months (after just six months if only alcohol impairment) (13352(a)(5)). Effective 1/1/12, CVC §23597 will authorize courts to order 10-year license revocation for per- sons with three or more separate 23152 or 23153 convictions regardless of the date, subject to certain limitations. See §10:24.2(a).

•   Ignition interlock optional (§23575(l), see §10:29), but required for restricted license (§13352(a)(5) and 23575(f)(1)). [Mandatory 24-month IID for convictions in Alameda, Los Angeles, Sacramento, and Tulare on or after July 1, 2010—see §10:29.1]

•   Designated habitual traffic offender (§23546(b), see Figure 2-3).

•   If under 14-year-old passenger pled and proved, additional 30 days jail (§23572(a)(3)), unless convicted of Pen. C. §273(a).

•   Mandatory car impound 1 to 90 days, unless unusual circumstances, but only if priors are §§23152 or 23153 within five years (§23594).

•   May confiscate and sell car (§23596(a)(1)(B)).

 

NOTE: If one or both priors within 10 yrs was punished as a felony (§23550.5, §115.2): Up to 1 yr jail or 16 months, 2 or 3 yrs prison, habitual traffic offender designation, DUI Program, 4 years license revocation with eligibility for IID-restricted license after 12 months (13352(a)(7)).

120 days to 1 year (§23546).

120 days to 1 year (§23548(a)) (unless defendant requests 30 month DDP, in which case the mini- mum jail time is 30 days) (§23548(b)).

 

Additional probation terms, see Mandatory probation violation terms,

 

FOURTH OFFENSE DUI PENALTIES IN ORANGE COUNTY, CALIFORNIA

A fourth offense DUI is a felony. Sentencing usually starts off with sixteen (16) months. Rarely can this time be served in a private city jail or through Supervised Electronic Home Confinement (SEC). Even if probation is denied, defendants will not be sent to State Prison to serve their time on a Vehicle Code § 23152 conviction punishable under Vehicle Code § 23550(a) under the Criminal Realignment Act of 2011 unless great bodily injury is involved.  A fourth offender, let alone any multiple offender, should not endeavor to represent themselves as the consequences of that decision could be dire. 

CURRENT
OFFENSE

SEPARATE* OFFENSES

WITHOUT PROBATION

WITH PROBATION FOR 3 TO 5 YEARS

VC § 23152

3 OR MORE

 

Current offense date within 10 years of 3 or more convicted offenses under VC § 23101, VC §§ 23102, 23152, 23153, or 23103 per §23103.5(c).

 

 

 

 

 

 

 

 

 

VC § 23620: Drunk boating (Harb. & Nav. § 655 (b)(c)(d)(e)) after 12/31/91 equals VC § 23152; Pen. C. §§ 191.5 and 192(c)(3), and, after 12/31/91 drunk boating w/injury (§ 655(f)), equal VC § 23153.

VC § 23550

VC § 23552

•   $390 to $1000 fine, plus assessments (§§23550(a), 23552(a)).

•   Refusal is additional 18 days jail if pled and proven (§23577(a)(5)).

•   Any jail term must include 48 continuous hours jail or 10 days community service (§23580, but see Pen. C. §2900.5(f)).

•   Revoke license 4 years with restriction eligibility after 12 months (13352(a)(7)). Effective 1/1/12, CVC §23597 will authorize courts to order 10-year license revocation for persons with three or more separate 23152 or 23153 convictions regardless of the date, subject to certain limitations. See §10:24.2(a).

•   Ignition interlock optional up to 3 years (§23575(l), see §10:29), but required for restricted license (13352(a)(7) and (§23575(f)(1)). [Mandatory 36-month IID for convictions in Alameda, Los Angeles, Sacramento, and Tulare on or after July 1, 2010—see §10:29.1]

•   Designated habitual offender (§23550(b), see Fig. 2-3).

•   If under 14-year-old passenger pled and proved, additional 90 days jail, unless sentenced to prison, or convicted of Pen. C. §273(a) (§23572(a)(4)).

•   Mandatory car impound 1 to 90 days unless unusual circumstances, but only if two prior §23152 or 23153 convictions within 5 years (§23594).

•   May confiscate and sell car (§23596(a)(1)(B)).

    If one or more priors within 10 yrs was punished as a felony (23550.5, §115.2): Up to 1 yr jail or 16 months, 2 or 3 yrs prison.

180 days to 1 year jail, or 16 months, 2 or 3 years prison (§23550(a)).*

 

Shall impound car 1 to 90 days (§23594).

180 days to 1 year jail (§23552(a)), unless defendant requests 30-month DDP, in which case the minimum jail time is 30 days (§23552(b)).

 


DUI PENALTIES FOR INJURY ACCIDENTS

If you cause injury to another while driving under the influence of alcohol and/or drugs, including driving under the influence of prescribed medications, the consequences and punishment changes dramatically. As you might expect, the worse the injury, the greater the consequences.  If the injury is minor, you will be charged with misdemeanor DUI with injury under Vehicle Code § 23153(a)(b).  A more substantial injury will result in a felony charge of Vehicle Code § 23153(a)(b). If you inflicted great bodily injury, the special enhancement allegation under Penal Code §12022.7, which adds 3-6 years onto the sentence, will be added and it requires that you serve at least 85% of your jail or prison sentence instead of just 50%.

PENALTIES FOR FIRST OFFENSE DUI WITH INJURY

CURRENT
OFFENSE

SEPARATE* OFFENSES

WITHOUT PROBATION

WITH PROBATION FOR 3 TO 5 YEARS

§23153

NONE

§23554

§23556

•   $390 to $1000 fine, plus assessments (§§23554, 23556(a)(1)).

•   Extra 48 hours jail for refusal, unless sentenced to prison (§23577(a)(2)).

•   Suspend license 1 year and until DUI Program done (§13352(a)(2)—see §10:53).

•   Up to 3 years optional ignition interlock (§23575(a)(1), see §10:29).

    [Mandatory 12-month IID for convictions in Alameda, Los Angeles, Sacramento, and Tulare on or after July 1, 2010—see §10:29.1]

•   May impound car 6 months (§23592), or 1 to 30 days (§23594).

90 days to 1 year jail, or 16 months, 2 or 3 years prison (§23554), plus 3 to 6 yrs more prison for “personally inflicted” GBI on person not accomplice (PC §12022.7, see §10:31.7).

 

If felony, 1 year more prison for each additional injured victim, up to 3 (§23558, see §10:34.2).

5 days to 1 year jail (§23556(a)(1)).

 

First offender drinking driver program [FOP] minimum 3 months/30 hours or 6 months/45 hours if BAC = 0.20% or refusal (see §10:82) (§§23556(b)(3), 13352(2), H&S §11837(c).

 

--------------

 

Additional probation terms, Mandatory probation violation terms,


PENALTIES FOR SECOND OFFENSE DUI WITH INJURY

CURRENT
OFFENSE

SEPARATE* OFFENSES

WITHOUT PROBATION

WITH PROBATION FOR 3 TO 5 YEARS

VC § 23153

1

 

Current offense date within 10 years of 1 convicted offense under §23101, 23102, 23152, 23153, (or 23103 per §23103.5(c), for current offense after 7/1/89).

 

 

 

 

§23620: Drunk boating (Harb. & Nav. §655 (b)(c)(d)(e)) after 12/31/91 equals §23152. And Pen. C. §§191.5, 192(c)(3), and, after 12/31/91 drunk boating w/injury (§655(f)), equal §23153.

VC § 23560

VC § 23562

•   $390 to $5000 fine, plus assessments (§§23560(a) and 23562(a)).

•   Revoke license 3 years with restriction eligibility for non-commercial privilege after 12 months (§13352(a)(4)).

•   Refusal is additional 96 hours jail if pled and proven, unless sentenced to prison (§23577(a)(3)).

•   Any jail term must include 48 continuous hours jail or 10 days community service (§23580, but see Pen. C. §2900.5(f)).

•   Mandatory car impound 1 to 30 days unless unusual circumstances, but only if prior §23152 or 23153 within 5 years (§23594).

•   May confiscate and sell vehicle if prior §23152, 23153, or Pen. C. §192(c)(3) (§23596(a)(1)(C)).

•   Ignition interlock option up to 3 years (§23575(l). [Mandatory 24-month IID for convictions in Alameda, Los Angeles, Sacramento, and Tulare on or after July 1, 2010—see §10:29.1]

    If prior within 10 yrs was punished as a felony (23550.5, see §115.2): Up to 1 year jail or 16 months, 2 or 3 yrs prison, habitual traffic offender designation, DUI Program, 4-year license revocation with eligibility for IID- restricted license after 12 months (13352(a)(7)) (effective 1/1/12, CVC §23597 will authorize courts to order 10-year license revocation for per- sons with three or more separate §§23152 or 23153 convictions regard- less of the date, subject to certain limitations).

120 days to 1 year jail, or 16 months, 2 or 3 years prison (§23560).

 

If felony, possible 3 to 6 years prison enhancement for “personally inflicted” GBI on person not accomplice (Pen. C. §12022.7; see §10:34.2).

 

If felony, one year more prison for each additional injured victim, up to 3 (§23558, see §10:34.2).

120 days to 1 year jail;

 

OR

 

30 days to 1 year jail

 

Minimum 18-month drinking driver program [DDP] DUI Program

 

--------------

 

Additional probation terms,. Mandatory probation violation terms,

 

PENALTIES FOR THIRD OFFENSE DUI OR GREATER AND INJURY

CURRENT
OFFENSE

SEPARATE* OFFENSES

WITHOUT PROBATION

WITH PROBATION FOR 3 TO 5 YEARS

VC § 23153

 

2 OR MORE

 

Current offense date within 10 years of 2 or 3 convicted offenses under §23101, 23102, 23152, 23153, (or 23103 per §23103.5(c), for current offense after 7/1/89).

 

 

 

 

 

§23620: Drunk boating (Harb. & Nav. §655 (b)(c)(d)(e)) after 12/31/91 equals §23152. And Pen. C. 191.5, §192(c)(3) and, after 12/31/91 drunk boating w/injury (§655(f)), equal §23153.

VC § 23566

VC § 23568

•   If refusal pled and proven, an additional 96 hours jail, unless sentenced to prison (§23577(a)(3)).

•   48 continuous hours jail or 10 days community service (§23580, but see Pen. C. §2900.5(f)).

•   Revoke license 5 years with restriction eligibility after 12 months (§13352(a)(6)) (see §10:53 and Fig. 10-3).

•   Designated habitual offender for 3 years (§23566(d), see Figure 2-3).

•   Mandatory car impound 1 to 90 days unless unusual circumstances, but only if two prior convictions of §23152 or §23153 within 5 years (§23594).

•   May confiscate and sell vehicle (§23596(a)(1)(C)).

•   Ignition interlock optional up to 3 years (§23575(l), see §10:29).

    [Mandatory 36-month IID (48-months if fourth or more) for convictions in Alameda, Los Angeles, Sacramento, and Tulare on or after July 1, 2010

$1015 to $5000 fine, plus assessments (§23566(a)).

 

2, 3, or 4 years in prison (§23566(a)), with alcohol/drug program (§23566(e)).

 

Possible 3- to 6-yrs prison enhancement for “personally inflicted” GBI on person not accomplice (Pen. C. §12022.7f

 4 or more priors, another 3 yrs prison for “proximately caused” GBI (§23568(c), see §10:31.7).

 

If felony, one year more prison for each additional injured victim, up to 3 (§23558).

30 days to 1 year jail (§23568(b) (unlike §23548(b)), the 30 day mini- mum—as opposed to 120 days—is not contingent upon a 30 month DDP instead of the 18 month DDP)

 

$390 to $5000 fine, plus assessments, and restitution (§23568(a)).

 

18-month or 30-month DDP (see Figure 10-3).

 

--------------

 

Additional probation terms, see §10:26. Mandatory probation violation terms,

 

CONCLUDING REMARKS REGARDING DUI PENALTIES IN ORANGE COUNTY

If you are facing a first, second, third, fourth or even fifth or sixth DUI charge out of Orange County, take the time to consult the Orange County DUI Lawyers of the Law Office of Barry T. Simons today for a free, no-cost, DUI Consultation and Case Evaluation.




FIRST OFFENSE DUI PENALTIES PENALTIES FOR FIRST OFFENSE DUI


SECOND OFFENSE DUI PENALTIES PENALTIES FOR SECOND OFFENSE DUI


THIRD OFFENSE DUI PENALTIES PENALTIES FOR THIRD OFFENSE DUI

FOURTH OFFENSE DUI PENALTIES PENALTIES FOR FOURTH OFFENSE DUI




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