DUI DEFENSE ATTORNEY
Sheldon Rosinsky 310-378-3848
DUI PENALTIES
DUI Standard Penalties
DUI fines and penalties given by a criminal court vary from county to county in California. Each courthouse and each prosecutor have the ability to add more DUI penalties. A local DUI defense attorney will be able to discuss and negotiate the lowest court fines and penalties.
A misdemeanor DUI does not involve injuries to persons besides the driver. A first-time misdemeanor DUI may involve jail time, not to exceed six months, but generally much less jail time. A second-time misdemeanor DUI will involve jail time, again not to exceed six months, with extra jail time if probation has been violated. A third-time misdemeanor DUI will involve jail time, with a minimum of 120 days in jail, and extra jail time if probation has been violated.
A felony DUI does involve injuries to persons, or a driver has many previous misdemeanor DUI convictions. A felony DUI will involve jail time, and usually in state prison.
Granting probation or to sending the driver to jail is the decision of the judge. The prosecutor will recommend a sentence, but the final decision is with the judge. Some penalties are required by law. Other penalties give the judge and prosecutor have vast discretion on whether to add penalties or to increase the penalties to the maximum allowed by law.
Here is a list of penalties a DUI driver may receive:
- Jail
- Probation
- DUI Fine
- Penalty Assessments
- Court Costs
- Restitution to the City
- Booking Fee to the City
- Restitution to a Victim
- Vehicle Impoundment
- Alcohol Education Program
- Ignition Interlock Device
- Hospital and Morgue Program
- AA Meetings
- MADD Meetings
- Community Labor Service
- Highway or Beach Cleanup
California has DUI Enhancement Laws that may add more penalties on the standard penalties listed above. These enhancements are added when the driver violates additional laws, in addition to the DUI law. These enhancement penalties can be severe, however, they are perfect issues to be negotiated by a DUI criminal defense attorney. Be aware that even one enhancement can add significant jail time or fines to the standard DUI penalties.
- Refusal to take a blood or breath test. You must give breath or blood in order for the government to know the quantity of alcohol in your bloodstream. Refusing to give either breath or blood is mandatory jail time, increased fines, and a one year license suspension.
- Blood alcohol concentration of over 0.15%. High alcohol in your bloodstream demands increased penalties, and maybe additional terms imposed on your probation,
- Minor child in your vehicle. If you are DUI with a minor passenge, you may be guilty of child endangerment. The penalties are mandatory jail time; the length depends upon any prior DUI convictions. While not mandated, many prosecutors add parenting type classes.
- Repeat DUI Offenders. The mandatory jail time goes up, but the prosecutor also will add additional money and time penalties at their discretion.
- Injury or Traffic Collision. An injury, other than to the driver, will result in harsher penalties. If the injury is severe, the DUI may be classified as a felony, producing substantially harsher penalties. A traffic collision will also result in harsher penalties, especially if someone else's property damage is severe.
- Speeding excessively. If the driver was speeding greater than 20 mph over the city street speed limit, or speeding greater than 30 mph on the freeway, the penalties are harsher. The vehicle is also subject to impoundment.
Beach Cities DUI -- 310-378-3848
Disclaimer: The information contained in this website is provided as a service to the community, and does not constitute legal advice. We try to provide quality information, but we make no claims, promises or guarantees about the accuracy, completeness, or adequacy of information contained herein. Legal advice must be tailored to specific circumstances of each case. As laws are constantly changing, nothing provided herein should be used as a substitute of advise from competent counsel.
The Courthouses in Torrance, Long Beach, LAX, and Compton handle DUI cases from Redondo Beach, Torrance, Hermosa Beach, Manhattan Beach, Lawndale, Hawthorne, Compton, El Segundo, Carson, Long Beach, Palos Verdes, Rolling Hills, Signal Hill, San Pedro, and all other South Bay cities.
REDONDO BEACH ATTORNEY DUI PROCESS POLICE MISTAKES DUI LAWS DUI PENALTIES
The Courthouses in Torrance, Long Beach, LAX, and Compton handle DUI cases from Redondo Beach, Torrance, Hermosa Beach, Manhattan Beach, Lawndale, Hawthorne, Compton, El Segundo, Carson, Long Beach, Palos Verdes, Rolling Hills, Signal Hill, San Pedro, and all other South Bay cities.
REDONDO BEACH ATTORNEY DUI PROCESS POLICE MISTAKES DUI LAWS DUI PENALTIES
