Punishments for 1st, 2nd, 3rd, 4th DUI

Punishments for 1st, 2nd, 3rd, 4th DUI

DUIs in California are based on complex laws, such as Vehicle Code 23152. If an officer has recently charged you with a DUI in Orange County, you should know that consequences escalate for each subsequent conviction. Learn how multiple offenses affect your jail time and how a qualified defense lawyer can help.

About DUI Laws in California

Driving under the influence (DUI) in Orange County, California, may occur in several ways under state law, including the following:

  1. You are driving under the influence of alcohol.
  2. You are driving with a blood alcohol content (BAC) of 0.08% or greater.
  3. You are driving under the influence of drugs.
  4. You are driving under the combined influence of drugs and alcohol.

California lists these offenses under Vehicle Code 23152.

First-Time and Repeat DUI Offenses

Whether you have a previous DUI offense can affect your future consequences. DUI penalties increase with each additional conviction. You may receive the following penalties for offenses within 10 years:

  • First DUI (VC 23536):
    • Jail time of 96 hours to six months served during non-work time
    • Fines of between $390 and $1,000
    • Disallowance of a restricted driver’s license
    • License suspension of one year (VC 13352(a)(2)(A))
  •  Second DUI (VC 23540) :
    • Jail time of 90 days to one year
    • Fines of between $390 and $1,000
    • Disallowance of a restricted driver’s license
    • License suspension of two years (VC 13352(a)(3)(A))
  • Third DUI (VC 23546):
    • Jail time of 120 days to one year
    • Fines of $390 to $1,000
    • Designation as a habitual traffic offender for three years
    • License suspension of three years (VC 13352(a)(5)(A))
  • Fourth or subsequent DUI (VC 23550)
    • Jail time of 180 days to one year
    • Fines of $390 to $1,000
    • Designation as a habitual traffic offender for three years
    • License suspension of four years (VC 13352(a)(7)(A))

If you have multiple DUI convictions or injured someone while driving under the influence, the DUI jail time and other consequences can become more severe.

DUI Jail Time and Alternate Sentencing

Sometimes, a savvy lawyer can reduce your DUI jail time to probation or reinstate your license if you agree to participate in programs like DUI school.

However, your lawyer may be unable to eliminate all your jail time. California has mandatory minimums for DUI offenders. For jail time, that includes the following minimum sentences:

  • First offense: Minimum of four days of jail time
  • Second offense: Minimum of 10 days of jail time
  • Third offense: Minimum of 120 days of jail time
  • Fourth offense: Minimum of 120 days of jail time

While no attorney can guarantee a certain result, choosing a lawyer experienced in Orange County DUI cases can help you secure the best possible results.

DUI Defenses

There are defenses that your DUI lawyer can use to your benefit. However, not all are appropriate for each case. Your attorney may use the following defenses:

  •  The signs of intoxication your officer witnessed were objective.
  • The officer pulled you over without reasonable suspicion.
  • The breath test was inaccurate.

Charged with Repeat DUIs? Get the Representation You Need

Salvatore P. Ciulla has been practicing law in California for more than forty years. He has successfully defended criminal cases, including DUIs, since he opened his law office in 1986. While some of his cases have garnered national attention, he focuses on helping everyday people.

If you are facing your first or subsequent DUI charge, a knowledgeable Sal can help present your case in the most favorable light.  Contact the Law Office of Salvatore P. Ciulla today for your free consultation.

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