DUI Penalties

The Law Offices of John H. Sommers is committed to aggressively defending each case with the goal of obtaining the best possible outcome for its clients.  If the case does not have the facts and evidence to support a pre-trial dismissal or an acquittal at trial, a skillfully negotiated plea bargain may be in the client's best interest.   In this scenario, the Law Offices of John H. Sommers will effectively negotiate with the prosecution in an effort to minimize the DUI penalties or reduce the DUI charge(s) down to a lesser charge such as a "wet reckless," "dry reckless," or "exhibition of speed."

Depending upon the unique facts and circumstances associated with an individual's DUI case, the prosecution may demand any number of the following optional DUI penalties during plea bargain negotiations:

v  Jail or prison time

v  Summary (informal) or formal probation

v  Monetary fines and fees

v  Alcohol programs

v  AA Meetings/NA Meetings

v  Caltrans work/graffiti removal

v  Community service

v  Ignition interlock device

v  Vehicle impound

v  Hospital and Morgue Program

v  M.A.D.D./V.I.P. Program

v  Electronic monitoring

v  SCRAM alcohol monitoring bracelet

v  Alcohol and drug rehabilitation/sober living environments

v  Work furlough/work release

v  Restitution payments to victim(s)

v  Driver's license suspension or revocation

In addition to the optional DUI penalties discussed above, the following is a list of mandatory minimum and maximum DUI penalties that must be a part of every DUI case:

First Offense (within 10 years): 

v  3 to 5-year summary probation

v  Up to 6 months in county jail

v  $390 fine plus penalty assessment and fees (i.e. total is approximately $1,700) up to a $1,000 fine plus penalty assessment and fees

v  3-, 6-, or 9-month alcohol program

v  6-month or 10-month driver's license suspension imposed by the DMV

Second Offense (within 10 years): 

v  3 to 5-year summary probation

v  96 hours to 1 year county jail

v  $390 fine plus penalty assessment (i.e. total is approximately $1,700) up to a $1,000 fine plus penalty assessment

v  18-month or 30-month alcohol program

v  2-year driver's license suspension imposed by the DMV

Third Offense (within 10 years): 

v  3 to 5-year summary probation

v  120 days to 1 year county jail (or 30 days jail and 30-month alcohol program upon court approval)

v  $390 fine plus penalty assessment (i.e. total is approximately $1,700) up to a $1,000 fine plus penalty assessment

v  18-month or 30-month alcohol program

v  3-year driver's license revocation imposed by the DMV

Fourth Offense (within 10 years): 

v  3 to 5-year summary probation (if probation granted)

v  180 days to 1 year county jail (if probation granted)

v  16 months, or 2 or 3 years in state prison (if probation not granted)

v  $390 fine plus penalty assessment (i.e. total is approximately $1,700) up to a $1,000 fine plus penalty assessment if probation is granted

v  18-month or 30-month alcohol program

v  4-year driver's license revocation imposed by the DMV

SENTENCE ENHANCEMENTS
California law requires increased or enhanced penalties when the criminal complaint alleges specific types of aggravating circumstances in a DUI case.   Sentence enhancements most often include an increased jail sentence.  The most common types of sentence enhancements include:

v  Prior DUI conviction within 10 years of the new DUI charge

v  Driving 20 mph above the posted speed limit on a surface street or 30 mph above the posted speed limit on a freeway

v  Traffic collision involving personal injury and/or property damage

v  Refusal to submit to or complete a chemical test

v  Blood-alcohol concentration of .20% or greater

v  A passenger in the vehicle under 14 years-old

v  Driver under 21 years-old

FELONY DUI
A felony DUI carries more significant and severe DUI penalties.  A DUI can be charged as a felony if a victim sustained personal injury, if the DUI is a fourth offense within the last 10 years, or if an individual was convicted of a prior felony DUI in the last 10 years.  The DUI could also lead to a manslaughter or second degree murder charge if a victim was killed as a result of the incident.

The Law Offices of John H. Sommers can minimize the above-referenced DUI penalties and consequences by launching an aggressive defense in each case.  For a free and confidential consultation concerning your case, contact the Law Office of John H. Sommers.