Vista - San Diego DUI Lawyer: DUI Sentences Information

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 10 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 ten 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 Peter M. Liss, at
(760) 643-4050 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 10 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 10 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 10 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.