DUI cases are very serious and if convicted, can make life a whole lot harder to live. A DUI (Driving Under the Influence) is essentially operating a motor vehicle under the influence of alcohol and/or drugs. Depending on the circumstances surrounding a DUI, the punishment can range from moderate to severe.

If a DUI is coupled with a car accident, property damage, or death or injury to another party, the sentencing can be quite severe. Most DUI's can be accompanied by jail time, fines, drug and/or alcohol classes, community service and more. The penalties may increase if you incur in more than one DUI.

People arrested for driving under the influence cases are usually upset and angry this has happened to them. Most people have never been arrested before and are seeking answers and help. Many people are looking for a guarantee from an attorney. This is understandable. People are confronted with a situation with which they are unfamiliar and a guarantee helps them to understand the certainty of the result, if not the certainty of the process. No knowledgeable criminal defense attorney, however, would ever think of giving a guarantee because the variables of each case are so great, certainty is impossible.

Although the laws of the State of California apply to all of the counties of the state, each county has its own personal touches. In addition, different courthouses in the same county may also treat DUI punishments differently. This is true in the County of Orange. Finally, depending on which prosecuting attorney is present, this could add yet another unknown.

So, what is a criminal defendant to do? Retaining an attorney who is not only knowledgeable with the court, deputy district attorneys and the law, but also, punishment is a step in the right direction.

First, depending upon what you are charged with, your case will be filed as an infraction, a misdemeanor or a felony. California Vehicle Code Section 23140 [under 21 with a BAL of 0.05 percent or higher] is an infraction even though it is two DMV points. California Vehicle Code Section 23152(a)(b) is a misdemeanor unless there has been three prior convictions within 10 years or a prior felony DUI conviction, then it is a felony.

Once a case is determined to be an infraction, a misdemeanor or a felony, the particular penalty range can be determined. I say range because no two types of cases are the same. Some cases may have aggravating factors (i.e., excessive speed or blood alcohol level) and some may not.

Once a case is narrowed down, then the penalties can be as follows:

1. Driver’s License Suspension:
   Depending upon prior convictions, a suspension can range from four months (an attorney may be able to get it lower) to one year or more. Generally, a suspension does not allow any restricted driving.


2. Auto Forfeiture:
   California Vehicle Code Section 23596 allows this under some circumstances.


3. Alcohol Schools:
   Depending on priors, they can be as short as three months or as long as 18 months.


4. Fines:
   $390.00 plus penalty assessment is the base fine. This amount, when all of the fees and costs are added in, is usually over $1,300 and can be more.


5. Restitution for any injury or damage done.


6. Incarceration:
   This is usually the most important issue to most people. Again, the more prior convictions, the more jail time. Sentences can range from no time, to state prison for a felony or up to life if people were killed. The important issue here is the ability of the attorney to negotiate an alternate form of sentencing. This is important because often times, if a person is away from his employment for over a month, he/she won’t have a job to go back to once released.