California DUI and DWI Punishments
Naturally, California imposes severe DUI punishments to deter citizens from driving while they are under the influence of alcohol including, beer, wine, liqueur and under the influence of other drugs. That’s right; you can get a DUI if you are under the influence of any drug, prescribed, illicit or otherwise.
If you are convicted of a DUI in California you will face a misdemeanor for the first offense and will need to be evaluated by a Department of Mental Health and Substance Abuse Services certified agency in order to be assessed for the punishment of jail time for not less than 10 (ten) days no more than one (1) year. Your first offense, along with jail time, will be accompanied by up to a one thousand ($1,000) dollars in fines.
If you are convicted of a second DUI within ten (ten) years of your first DUI, you will face more severe consequences. Instead of the DUI charge being a misdemeanor, your second (2) offense DUI will be formally charged as a felony. You will again need to be assessed by a Department of Mental Health and Substance Abuse Services certified agency in order to be assessed for the punishment of placement in the custody of the California Department of Corrections for not less than one (1) year and no more than five (5) years. This agency will also assess the fine that will be associated with the second DUI which can be up to twenty-five ($2500) dollars.
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Being placed into the custody of the California Department of Corrections does not necessarily imply that that all that time will need to be spent in jail, although a five (5) day minimum jail time is imposed by the California State Law. Depending on the recommendation made by the independent assessment organization, which is at the convicted drivers expense, you could just spend the minimum time in jail, work off two hundred forty (240) hours of community service and be forced to use an ignition interlock device. An ignition interlock device is a device placed in your car that has an ignition locking mechanism that can only be unlocked by an alcohol free blow into a built in breathalyzer.
If you are convicted of a third DUI felony the punishments are much more severe than a first and second offense Drunk Driving Charge. Your jail time can be increased to up to ten (10) years in jail and five thousand dollars ($5000) in fines. Your third DUI conviction carries a minimum jail time of ten (10) days.
The conviction of a DUI that resulted in manslaughter of the first degree or murder in the second degree the DUI will be considered a felony. Along with the DUI conviction fines and DUI conviction penalties and DUI jail time, you will also face the punishment associated with your murder and manslaughter charges.
California Drunk Driving Lawyers
The consequences of a DUI in California are severe; you don’t need to face these punishments alone. Retain the services of DUIAttorneyLosAngeles.org, we have experience defending people charged with drunk driving. Contact us today to take the first step in your DUI Defense.