When you are charged with driving under the influence (DUI), you are really charged with two offenses:

  • "driving under the influence of drugs or alcohol (or both)" and
  • "driving with a blood alcohol level of .08 or higher."

The penalties are the same for both offenses. The punishment and sentencing for each subsequent DUI is more severe and can include large fines and jail time. Typically on the the first DUI conviction, if probation is granted, a potential sentence includes attending an alcohol or drug program and a $390 to $1,000 fine, plus penalty assessments of an additional 180% of the fine; plus either (a) 48 hours to 6 months in jail and a 6 month license suspension; or (B) a 90-day license restriction to and from work, during work, and to and from DUI program following any DMV suspension (available only if a chemical test was not refused).
On the first DUI conviction, if probation is NOT granted, a potential sentence includes 96 hours to 6 months in jail, a $390 to $1,000 fine, and a 6-month license suspension. With or without probation, your vehicle may be impounded for 6 months, and you may be required to have an ignition interlock device on your car for up to three years.

In addition to these punishments, your DUI sentence can be increased if:

  • you were excessively speeding (either more than 100 mph, or more than 30 mph over the speed limit) at the time of the DUI,
  • you had a child under age 14 in the car at the time of the DUI,
  • you had a blood-alcohol reading over .20%,
  • you had a previous conviction within 7 years
  • you refused to take a blood alcohol or Breathalyzer test

A carefully negotiated plea-bargain may let you avoid a sentence increase.

California DUI attorney, Scott R. Cadzow has over 20 years experience representing clients throughout Orange and San Diego Counties. He has personally defended many people accused of DUI. He's been successful in getting reduced fines, jail time and even getting cases dismissed! If you or a family member has been charged with a DUI, contact Scott R. Cadzow.

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Orange County San Diego DUI Sentence Attorney