California DUI Penalties

Aggressive and Experienced Anaheim DUI Lawyer

When convicted of a Driving Under the Influence (DUI) offense, your life may become significantly harder. A DUI conviction tarnishes your reputation and can make it difficult to maintain your job, find a new job, or be admitted to educational institutions. DUIs also have a negative social stigma that can affect your personal and social relationships. The consequences, however, are not just intangible. Convictions of this nature can come with moderate to severe penalties including jail time, fines, mandatory classes, community service, and more.

At The Law Office of Barney B. Gibbs, our Anaheim DUI defense attorney wants to help you fight your DUI conviction to minimize any penalties you may face. Your best chance at getting sentences reduced is to challenge the conviction itself. Attorney Gibbs has more than 30 years of experience in criminal defense, so he knows what it takes to win. Our team of legal professionals is dedicated and ready to help you face your charges.

How Your Charge Affects Your Penalties

Every DUI case is different, and depending on the circumstances, you may face different severities of punishment. For example, if your DUI is combined with charges relating to a car accident, property damage, or death or injury to another party, the possible sentencing will, reasonably, be more severe. Furthermore, your DUI case might be filed as an infraction, a misdemeanor, or a felony.

Once the degree of your offense is established, the particular penalty range can be determined. Within that range, each circumstance is still unique, as some cases may have aggravating factors (i.e., excessive speed or blood alcohol level). Furthermore, penalties will be influenced by whether or not there are previous DUI offenses on your record.

What are the penalties for a first-time DUI offense?

In California, a first time offender for a misdemeanor DUI with no aggravating factors is subject the least severe penalties, the purpose of which are to rehabilitate rather than punish. However, these can still be restrictive on your freedom and affect your future. Thus, it is essential to work with a criminal defense attorney who can help fight your conviction to minimize any penalties.

Penalties of a first-time offense include:

  • License suspension
  • Up to six months in jail
  • Fines of up to $1,000
  • Three years' probation
  • Enrollment in a drug and alcohol program

In order to appeal your license suspension, you must file a petition for a DMV hearing within ten days of notification. One of the most commonly applied penalties is probation, which includes mandatory attendance to and completion of 12 to 30 hours of DUI school. For first-time offenders, this probation is considered "summary," and does not require reporting to or meeting with a probation officer. Violation of probation can lead to additional and more severe punishments.

Penalties for Multiple Offenses

As convictions multiply, so do the possible penalties you face. For example, if you are convicted of a second DUI offense, you can potentially see jail time up to one year, additional fines, and a license suspension of up to two years. Additionally, in multiple offender cases, you may be required to install an ignition interlock device (IID) on your vehicle, which is a device that will only allow you to start your car if you pass a breathalyzer test.

Second DUI Conviction:

  • County jail for 4 days - one year
  • Fine of $390-$1,000
  • Two-year license suspension
  • Two points on your record
  • Three - five years' probation

Third DUI Conviction:

  • County jail for 120 days - one year
  • Fine of $390-$1,000
  • License revoked
  • Two points on your record
  • Habitual traffic offender for three years

Upon your third or subsequent conviction, not only do you face additional and enhanced jail time, more fines, and more points on your DMV record, but your license may also be permanently revoked and you will be designated as a habitual traffic offender for up to three years. This designation can increase your risk of being charged with further violations and offenses down the line.

Let Us Fight for Your Freedom

The penalties for a DUI can be severe, which is why it is essential to work with a DUI lawyer who understands the law and knows how to win cases. At The Law Office of Barney B. Gibbs in Orange County,California, our primary attorney has represented clients in more than 2,500 cases, and has seen almost half of them dismissed. Additionally, Mr. Gibbs has an insight into the local court systems, prosecutors, and judges that allows him to understand their strengths and weaknesses. Our experience can be a distinct advantage in fighting your DUI charges and minimizing your penalties.

Call us today and get started with your free consultation!