DUI Penalties

DUI Punishment

Punishment for DUI

The penalties for DUI in Orange County are harsh and can seriously impact your personal and professional life. The potential penalties include jail or prison time, driver’s license revocation or suspension, negative impact on professional license, residential alcohol treatment programs, hefty fines, and more. If you have been charged with a DUI in Orange County it’s important to consult with an Orange County DUI attorney.
The penalties for any specific case will depend on many factors including;
  • Prior DUI convictions
  • Whether the DUI result in an accident
  • Whether someone injured (possible felony DUI)
  • How high your blood-alcohol content was
  • Whether you cooperate with the police
  • Whether there a child in your car (mandatory jail)
  • Whether you were speeding excessively (was your speed more than 20 mph over the limit)
  • Whether there was there a hit-and-run
In Orange County, each courthouse has its own policies and practices regarding the punishment of DUI offenders. That’s why it is critical to find  a DUI lawyer who practices only in the Orange County courts and is familiar with each courthouse and each DA and judge within each courthouse.
The Orange County District Attorney has made the prosecution and punishment of DUI offenders a top priority with absolutely no leniency. Often, the sentence you receive will depend on the skill of your DUI defense lawyer and well as your lawyer’s knowledge of which judges and prosecutors to avoid and which to seek out.
To get the best possible result in your case it is vital to find an attorney with superior academic training, years of experience in the Orange County courts, and a proven track record. A skilled DUI defense attorney will be able to find and expose the weaknesses in the case against you and get the best possible result; perhaps a reduced charge, an alternative sentence such as an alcohol program or home confinement, or an outright dismissal. Don’t gamble with your future—protect yourself with an experienced, skilled Orange County DUI defense attorney.

First Offense DUI

  • Jail Sentence: up to six months
  • License suspension: six months
  • Court fines: $1,900.00 – $3,500.00
  • Probation: three to five years formal or informal
  • Alcohol Program: three months, 6 months or 9 months
  • SR-22 proof of insurance required for length of probation once driving privileges are restored

 Second Offense DUI

  • Jail sentence: four days – 1 year (in Orange County a sentence of two to three months in the Orange County jail is standard)
  • License suspension: two years (possibility of restricted license after 90 days if IID is installed in vehicle)
  • Court fines: $1,900.00 – $3,500.00
  • Probation: three to five years formal or informal
  • Alcohol program: 18 months
  • SR-22 proof of insurance required for length of probation once driving privileges are restored

Third Offense DUI

  • Jail sentence: four months – one year (in Orange County a sentence of eight months is standard)
  • License revocation: three years (possibility of restricted license after nine months if IID is installed
  • Court fines: $1,900.00 – $3,500.00
  • SR-22 proof of insurance required for length of probation if driving privileges are restored
  • Five years of formal or informal probation
  • 18-month alcohol program
  • Must maintain an SR-22 (proof-of-insurance) for the length of probation

Fourth Offense DUI (Felony)

  • Jail Sentence: minimum 6 months jail to three years in the state prison
  • License revocation: four years
  • Court fines: $15,000.00
  • Probation: five years formal
  • Alcohol program: 18 months

DUI with Injury (Felony)

  • Up to three years in the state prison
  • An additional one year of prison time for each additional victim
  • An additional three years of prison time if the injury inflicted is “great bodily injury”
  • Court fines up to $15,000.00
  • Five years of formal probation
  • 18-month alcohol program
  • SR-22 proof of insurance required for length of probation if driving privileges are restore

 Sentence Enhancements

The law either encourages or requires the judge to enhance your sentence if any of the following are present:

 

  • Speeding more than 20 mph over the limit on surface streets or 30 mph over the limit on the freeway (mandatory 60 additional days in jail)
  • Blood-alcohol level over .15%
  • Child 14-years-old or younger in the car (mandatory jail enhancement)
  • Refusal to take blood or breath test
  • On probation already for a prior DUI
  • Driver under 21-years-old