In order to understand the various DUI penalties, it’s important to get a better understanding of the relevant laws pertaining to it. It’s always a good idea to contact a Sacramento DUI attorney if you or someone you know has been arrested for driving under the influence. The laws which cover the legality of driving under the influence are as follows:
- Vehicle Code 23152 – It is illegal to drive under the influence of drugs or alcohol. It is specifically illegal for an individual over 21 years of age to operate a motor vehicle with a blood alcohol content of 0.08% or higher.
- Vehicle Code 23153 – It is illegal to cause injury to another person while driving under the influence of alcohol or drugs. It is specifically illegal for an individual over 21 years of age to injury another individual while operating a motor vehicle with a blood alcohol content of 0.08% or higher.
Minimum and Maximum Sentences
There are established guidelines for all offenses that outline the minimum and maximum penalties a court may impose. Judges rarely inflict the maximum sentence for DUIs, especially on the first and second offenses. Because each case is different, the penalties can vary and it’s best to speak to a Sacramento DUI attorney who can explain the penalties in more detail. The minimum and maximum sentences for the first and subsequent DUI offenses are as follows:
First DUI Offense
- Minimum sentence: 48 hours in county jail
- Maximum sentence: 6 months in county jail
- Fines and penalties of up to $2500
- Between three and nine months of DUI school
- Three years informal probation
- Six months California Driver’s License suspension
- Mandatory ignition interlock device installation for 5 months
Second DUI Offense
- Minimum sentence: 90 days in county jail
- Maximum sentence: 1 year in county jail
- Fines and penalties of up to $2500
- Eighteen months of DUI school
- Four years informal probation
- Mandatory ignition interlock device installation for 12 months
Third DUI Offense
- Minimum sentence: 120 days in county jail
- Maximum sentence: 1 year in county jail
- Fines and penalties of up to $3000
- Up to 30 months of DUI school
- Up to 5 years of informal probation
- Mandatory ignition interlock device installation for 24 months
Alternative Sentencing
It is important to note that other statutes describe alternative sentencing that may be taken instead of actually going to jail. Contact a Sacramento DUI attorney if this pertains to you for more information. This alternative sentencing may include the following:
- Sheriff’s Work Project – The individual is assigned to one of 25 sites throughout Sacramento County to work with a work crew one or more days per week supervised under a Deputy Sheriff. There is an $80 application fee and it costs $40 a day.
- House Arrest – House arrest is run by the Sacramento County Sheriff’s office and includes the wearing of an ankle monitor. This is a good option for individuals with disabilities as the Sheriff’s Work Project typically involves some form of physical labor. Once the ankle monitor has been attached, the individual will be drug tested each week. There is a $130 application fee. If you are not working, there is a $15 daily fee. If you are working, there is a fee equal to one hour of pay + $7.80.
- Community Service – The individual must contact of the approved community service organizations. There is a cost that increases with the amount of hours of community service.
During sentencing, the Court will announce what alternative sentencing the arrested individual is eligible for. If the judge does not respond, that means he or she has no object to alternative sentencing. It is then up to the arrested individual to apply for the alternative sentencing before the deadline. If the application is not turned in by the deadline, the individual will still owe whatever time he or she was sentenced to, but now it must be served in a detention center. If you missed the deadline, it’s imperative you speak with a Sacramento DUI attorney for legal help.
What Can Affect sentencing?
Though there are outlines in place, there is no guarantee that any individual will receive a standard sentence. Some elements that may affect sentencing include enhancements. Prosecutors can add enhancements to a charge in order to get a harsher sentence. Enhancements may be added in the following circumstances:
- Three or more DUI offenses in the last 10 years
- The defendant refused to take both breathalyzer and blood test
- An individual under 15 years of age was in the vehicle
- The defendant had a blood alcohol content of 0.15% or greater
- The defendant has been convicted of one or more specified felonies, such as voluntary manslaughter, in the past 10 years
- Reckless driving, such as speeding
- A previous conviction of vehicular manslaughter while under the influence in the past 10 years
Being arrested for any offense can be extremely stressful and confusing. With so much room for negotiation, an individual charged with a DUI offense can really benefit from experienced legal advice from a Sacramento DUI attorney. It can make a big difference on the outcome of your case.
Contact Sacramento DUI Attorney
Representing clients all throughout Northern California, Allaye Chan Law has the skills and expertise to handle your DUI conviction. We understand how stressful and uncertain it may feel if you’ve been arrested for driving under the influence but you can trust our lawyers to get the best possible outcome for you. Give us a call at (916) 446-4400 to speak to a Sacramento DUI attorney today.