DUI -- DWI -- DMV Penalties

PENALTIES CAN VARY BASED ON THE FACTS OF YOUR CASE AND THE QUALITY OF YOUR REPRESENTATION. AS SUCH, THE BELOW IS A GENERAL OUTLINE OF WHAT YOU MAY EXPECT:
A first offense DUI conviction usually results in the following:
1. Fines, court fees, and restitution payments totalling approximately $1,800;

2. A required 48 continuous hours in jail (work service conversion is possible), but up to 6 months;

3. Three to five years Court Probation (strict terms);

4. Depending on Blood Alcohol Concentration [BAC], 90 to 180 days of mandatory DUI school (costing at least $500) -- List of DUI Schools;

5.     Six month loss of your Driver's License (depending on alcohol level) -- as of September 2004, it will be up to the DMV to determine whether a restricted Driver's License should be issued. Suspension means absolutely no driving -- restriction allows driving to and from work.

A second offense DUI (within ten years) usually results in the following:
1.     Fines, court fees, and restitution payments totalling approximately $2800;
2.     A required 96 hours in jail [work service conversion is possible]. Most counties insist on 10 to 30 days in jail. Shasta County usually insists on 10 to 20 days in jail, a one year license suspension [18 month license restriction], and substantially increased fines.
3.     Three to five years Court Probation (strict terms);
4.     18 month DUI school -- List of DUI Schools;
5.     Your lawyer may be able to obtain a restricted license after ONE YEAR and an ignition interlock device [IID], which tests your breath for alcohol, must be installed. As of September 2004, it will be up to the DMV to determine whether a restricted Driver's License should be issued. Suspension means absolutely no driving -- restriction allows driving to and from work.

A third offense DUI (within 7 years) can result in the following:
1.     Fines, court fees, and restitution payments totalling approximately $2800;
2.     A required 120 days in jail [conversion alternatives for home arrest, rehab, or some combination is possible]. Most counties insist on at least 210 days in jail and some require a full year.
3.     Three to five years Court Probation (strict terms) or Formal Probation;
4.     18 month DUI school -- List of DUI Schools;
5.     Up to a THREE YEAR loss of your Driver's License. As of September 2004, it will be up to the DMV to determine whether a restricted Driver's License should be issued. Suspension means absolutely no driving -- restriction allows driving to and from work.

A fourth offense DUI within seven years (or within ten years of a prior felony) is a felony, punishable by up to THREE YEARS in State Prison and the permanent loss of your Driver's License and MORE.

If anyone was injured (including yourself) in connection with a DUI, if may be charged as either a FELONY DUI or a misdemeanor DUI. These case have substantial impact involving jail and loss of license.

Sentence Enhancements:
Vehicle may be impounded for up to 6 months, plus
Up to 3 years Ignition Interlock Device (IID) and additional jail time if:
a) Child passenger;
b) If driving over 30 mph on the freeway;
c) If driving over 20 mph on any other road;
d) BAC of .15 or more; or
e) Refusal to take a chemical test.

Misdemeanor DUI involving injury should result in a mandatory one year license suspension.

If your blood alcohol level is .15 or .20 or more, enhanced sentences may apply.

MURDER may be charged if you kill someone durning a fourth offense DUI.

Note: Upon conviction of even a first time DUI, you will no longer be allowed to enter Canada.

DMV PENALTIES:
First Offense .08 or more: Four (4) month suspension.
Refusal: One (1) year revocation

Second Offense (within 10 years): One (1) year revocation
Refusal: Two (2) year revocation

Third Offense (within 10 years) with .08 or more: Three (3) year revocation
Refusal: Three (3) year revocation

Fourth Offense (within 10 years) with .08 or more: Four (4) year revocation
Refusal: Four (4) year revocation

Driving on a Suspended License Mandatory Jail Penalty

If you drive while your privilege is suspended or revoked, for driving under the influence of alcohol, upon a first conviction, you face:
a) imprisonment in the county jail for not less than 10 days or more than six months; and
b) a fine of not less than $300 nor more than $1,000. [California Vehicle Code section 14601.2(a)]

Note: Drunk driving is not moral turpitude; but drunk driving without a license is moral turpitude -- according to: Marmolejo-Campos v. Gonzales, 2007 U.S. App. LEXIS 21827.
["A crime involving the willful commission of a base or depraved act is a crime involving moral turpitude, whether or not the statute requires proof of evil intent." Gonzalez-Alvarado v. INS, 39 F.3d 245, 246 (9th Cir. 1994)].