DUI Sentences
Orange County DUI Lawyer - San Diego DUI Lawyer
If you have an arrest for driving under the influence of alcohol or
drugs, including an accident DUI or a felony DUI, I can help you. I am Orange County
and San Diego DUI lawyer Scott R. Cadzow, and if you need a skilled, experienced
Orange County
or San Diego CA DUI defense lawyer with a track record of success, please call
me at (949) 361-9413 or (760) 757-0110 for a free consultation. I
can also help you when your license has been suspended by the DMV for a DUI. Questions
and answers about DMV license suspension are below. For more information about
obtaining a top-quality DUI defense, please see : DUI
Defense Overview.
Possible DUI Sentences: Answers to Common
Questions
What is a "DUI" charge?
A charge of driving under the influence is really two charges: "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 for each subsequent DUI is more severe and can
include large fines and jail or prison time. Below is more information about
sentence increases, felony DUI, and possible sentences for the first DUI conviction
and each later DUI conviction.
When is a DUI sentence increased?
If you are convicted of DUI, your sentence is 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, or had a child under age 14 in the car at the time of
the DUI, or had a blood-alcohol reading over .20%, or had a previous conviction
within 7 years, or refused to take a blood alcohol or Breathalyzer test. A carefully
negotiated plea-bargain may let you avoid a sentence increase.
What makes a DUI a felony?
Most DUI convictions are misdemeanors. However, a DUI conviction is a felony
in two situations. The first is if the drunk driving was negligent or violated
a traffic law, AND injured (even slightly) another person. The second: a fourth
dui conviction within seven years is almost always charged as a felony.
Sometimes, a stop for DUI ends with charges for other offenses, such as homicide,
having a loaded or concealed weapon, or drug possession. Because the penalties
for these charges can be severe, you should immediately retain a skilled criminal
lawyer who is experienced in serious criminal matters as well as DUI. I have
tried over 100 criminal cases, and have handled many homicide, weapons, drugs,
DUI and felony DUI charges; I can help you. Please call me, attorney
Scott R. Cadzow, at (949) 361-9413 or (760) 757-0110 for more information and
a free consultation.
What are potential sentences for the FIRST DUI?
On 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 a ignition interlock device on your car for up to three
years.
What are potential sentences for the SECOND DUI?
On the SECOND DUI conviction (within 7 years) a potential sentence includes attending
an alcohol or drug program for 18-36 months, and a $390 to $1,000 fine, plus
penalty assessments of an additional 180% of the fine; plus 96 hours to 1 year
in jail.
If probation is granted, a potential sentence also includes A) a 2-year license
suspension OR, if the court allows, (B) after the first year of license suspension
AND enrollment in the DUI program, a 1-year license restriction to and from work,
during work, and to and from DUI program.
If probation is not granted, a potential sentence also includes a 2-year license
suspension, with no possibility of receiving a restricted license during that
time.
With or without probation, your vehicle may be impounded for 6 months, and you
may be required to have a ignition interlock device on your car for up to three
years.
What are potential sentences for the THIRD DUI?
On the THIRD DUI conviction (within 7 years) a potential sentence includes attending
an alcohol or drug program for 18-36 months if you have not already completed
one, and a $390 to $1,000 fine, plus penalty assessments of an additional 180%
of the fine; plus 120 days to 1 year in jail, plus a 3-year license revocation.
Your vehicle may also be impounded for 6 months, and you may be required to have
a ignition interlock device on your car for up to three years.
What are potential sentences for the FOURTH OR LATER DUI?
A FOURTH OR LATER DUI (within 7 years) is almost always charged as a felony.
A potential sentence includes attending an alcohol or drug program for 18-36
months if you have not already completed one, and a $390 to $1,000 fine, plus
penalty assessments of an additional 180% of the fine, plus a 4-year license
revocation.
If probation is granted, a potential sentence also includes 180 days to 1 year
in jail, plus a 4-year license revocation.
If probation is not granted, a potential sentence also includes up to 3 years
in state prison; the exact time depends on the decision of the court.
Your vehicle may also be impounded for 6 months, and you may be required to have
a ignition interlock device on your car for up to three years.
What are potential sentences for a FELONY ACCIDENT DUI?
A FELONY ACCIDENT DUI is charged when the drunk driving was negligent or violated
a traffic law, AND injured (even slightly) another person. A potential sentence
includes attending an alcohol or drug program for 18-36 months if you have not
already completed one, and a $390 to $1,000 fine, plus penalty assessments of
an additional 180% of the fine, plus a 1-year license suspension.
If probation is granted, a potential sentence also includes 5 days to 1 year
in jail, plus a 1-year license suspension.
If probation is not granted, a potential sentence also includes up to 3 years
in state prison; the exact time depends on the decision of the court.
Your vehicle may also be impounded for 6 months, and you may be required to have
a ignition interlock device on your car for up to three years.
What happens if you get caught driving when your license was suspended for DUI?
If you drive when your license is suspended or revoked for DUI, on a first conviction,
you face 10 days to 6 months in the county jai, and a fine of $300 to $1,000.
What are alternative sentences?
Alternative sentences are usually only available on a plea bargain, where you
agree to plead guilty to one or more criminal charges. Whether or not you can
receive an alternative sentence depends on the particular facts of your case,
the charges you plead to, the agreement that your DUI defense attorney reaches
with the prosecutor, and whether the judge is willing to accept that agreement.
Alternative sentences can include alcohol or drug rehabilitation programs, community
service, counseling and / or attending AA meetings, probation, electronic monitoring
under house arrest, and other sentences.
How can a skilled DUI defense attorney help me?
Because the potential consequences of a DUI conviction are severe, the quality
of your defense is extremely important. A skilled criminal defense attorney,
who is experience in handling DUI cases and knows the courts, prosecutors, and
judges, will be able to present your strongest defense and negotiate for the
best results available under the facts and law. To learn more about how I can
help you in a DUI case, please see the DUI Defense Overview page.
I have personally defended many people charged with driving under the influence
in Orange County and San Diego, California. I have also defended many people
in accident DUI, felony DUI, and DUI cases with other offenses, such as gun charges
or drug possession. If you or someone in your family has been arrested on one
of these charges, please call me to learn how I can help you. I provide top quality
representation for a reasonable fee, offer a free initial consultation, and accept
all major credit cards.
For
immediate help call 949.361.9413 or 760.757.0110 -- I
will respond quickly:
I consider all criminal matters urgent and will respond as quickly as possible
to your phone call.
Please call me any time, any day, at 949.361.9413 or 760.757.0110.
or fill out the form below --
I will respond quickly
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