Driving under the influence is not taken lightly in the state of California. The penalties for driving under the influence depend on two factors:
- whether you have prior DUI’s on your record
- and if anyone is injured as a result of your driving under the influence.
Most drunk driving cases are prosecuted as misdemeanors but if you’ve had more than four, you will be charged as a felony. California DUI’s are “priorable” offenses which means that the consequences of a DUI conviction get more serious with each successive drunk driving conviction that takes place within a ten year period. The period is calculated from arrest date to arrest date. Therefore, if you receive a DUI within 10 years of a prior DUI, then you will be charged with a second DUI.
Jail time is mandatory on a second DUI offense and it can range from 96 hours to a year depending on factors such as your blood alcohol content. You will also be required to pay a fine between $390-$1,000 and will have to complete an 18 or 30 month court approved California DUI. Additionally, your license will be suspended for at least 2 years. DUI charges are very serious so make sure to contact an experienced attorney if you’re facing DUI charges.
You need to make sure you protect yourself if you’ve been convicted of a DUI. Anytime you’re looking at mandatory jail time, it’s best to contact an experienced attorney to represent you in court. Just because jail time is mandatory, it doesn’t mean there aren’t alternatives for you.
Because second DUI cases are so specific, a lawyer will best know how to handle it. The three most common ways to avoid jail time are: probation, alternative sentences such as home confinement or electronic monitoring, and beating the case itself. Each of which, your Sacramento DUI lawyer will be able to explain to you.