Fresno, CA DUI Penalties
DUI Attorney Serving Fresno, CA
In California, a conviction for Driving Under the Influence (DUI) carries stiff penalties & punishments. The California DUI penalties & punishments listed below are based on a non-enhanced DUI conviction. If there are any “aggravating” factors, then the penalties & punishments are significantly increased. Those factors can include a child in the car (under 14), speeding, driving on a suspended or restricted license, accidents, high blood alcohol content (over .20), etc.
With that in mind, here is an outline of what penalties to expect for a California DUI conviction. Again, these are the minimal DUI penalties & punishments the court can impose. In order to receive such penalty & punishment, you probably will need someone to advocate on your behalf. An aggressive Fresno DUI lawyer from the Law Offices of Terry A. Wapner can speak for you!
As of 2005 the “look back” period for prior DUI offenses is 10 years. Regardless of when a prior DUI offense occurred, and what the DUI law was at the time, if it is within ten years of your current offense, it will count as a prior DUI offense.
The following is for reference only.
Each county does vary in their sentencing and the laws regarding DUI punishment change often.
CRIMINAL SENTENCES FOR DRIVING UNDER THE INFLUENCE OF ALCOHOL AND/OR DRUGS (VEHICLE CODE SECTION 23152)
| OFFENSE | MINIMUM AND MAXIMUM SENTENCES WHEN PROBATION IS GRANTED (3 TO 5 YEARS PROBATION TERM) | MINIMUM AND MAXIMUM SENTENCES WITHOUT PROBATION |
| FIRST Offense within 10 years |
48 hours to 6 months in jail, $390 to $1000 fine, and completion of a 3 month alcohol/drug treatment program (9 months if blood alcohol content is .20% or higher or if you refused a chemical test). Upon a conviction, the DMV will impose a 6 month license suspension | 96 hours to 6 months in jail, $390 to $1000 fine and a 6 month license suspension. |
| SECOND Offense within 10 years |
Two options both carry a fine of $390 to $1000, plus either: (A) 10 days to 1 year in jail; or (B) 96 hours to 1 year in jail; and either an 18-month or 30-month alcohol/drug program. Installation of ignition interlock device for up to 3 years. As a result of the court conviction, the DMV will suspend your license for 2 years, but a restricted license may be available after the first year of suspension unless the court orders otherwise. | 90 days to 1 year in jail, $390 to $1000 fine and a 2 year license suspension. |
| THIRD Offense within 10 years |
120 days to 1 year in jail, $390 to $1000 fine, and an 18-month or 30 month alcohol/drug program if you have not completed one before. Installation of ignition interlock device for up to 3 years. As a result of the court conviction, the DMV will revoke your license for 3 years, but a restricted license may be available after the first year of suspension unless the court orders otherwise. | 120 days to 1 year in jail, $390 to $1000 fine and a 3-year license revocation. |
| FOURTH or Subsequent Offense within 10 years |
180 days to 1 year in jail, $390 to $1000 fine, and an 18-month or 30 month alcohol/drug program if you have not completed one before. Installation of ignition interlock device for up to 3 years. As a result of the court conviction, the DMV will revoke your license for 4 years, but a restricted license may be available after the first year of suspension unless the court orders otherwise. | 16 months, or 2 or 3 years in state prison, or 180 days to 1 year in county jail; $390 to $1000 fine and a 4-year license revocation. |
ADMINISTRATIVE (ADMIN PER SE) DMV PENALTIES FOR DRIVING UNDER THE INFLUENCE OF ALCOHOL AND/OR DRUGS
| FIRST OFFENSE | .08 or greater | 4 month suspension |
| Refusal | 1 year suspension | |
| SECOND OFFENSE Within 10 years |
.08 or greater | 1 year suspension |
| Refusal | 2 year revocation | |
| THIRD OFFENSE Within 10 years |
.08 or greater | 1 year suspension |
| Refusal | 3 year revocation | |
| FOURTH OFFENSE Within 10 years |
.08 or greater | 1 year suspension |
| Refusal | 3 year revocation |
Defense attorney Terry Wapner only handles cases involving drunk driving charges. You should hire a Fresno DUI lawyer who is uniquely skilled and has years of experience specializing in alcohol related criminal defense!
