DUI Penalties

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Being arrested and charged with a DUI is an extremely stressful experience. We care. We can help. There are a variety of different penalties one can face depending on the facts of your case. Every case is different, and the judge and the prosecutor will look at several factors when it comes to penalties. You could spend several days in jail, or many years in prison for your DUI conviction. An experienced DUI attorney may be able to reduce or delete any jail time. You may have to be on probation for five years, and you may have to deal with large fines and potential restitution that can take years to pay. In addition, you could be sentenced to public work service (picking up trash by the side of the road). The San Diego Superior Court or DMV may order your license suspended for a period of time, or even revoked. You may have to attend treatment or other DUI programs. Your car can be impounded. You may have to install an expensive ignition interlock device on your vehicle. Having prior convictions for DUI increases your chance of facing jail time. If you were involved in a collision and injured someone, you may also face jail or prison time.

Additional DUI Penalties

Additional DUI penalites may also be imposed depending on the facts of your case:

  • Refusal to Take Chemical Test DUI: California has an implied consent law. This means that if you refuse to submit to a chemical test, you will be subject to a fine and automatic license suspension.
  • Prior Convictions DUI: If the defendant has a conviction for drunk driving within the previous 10 years, the minimum jail sentence, DUI school and license suspension are increased. Two priors within ten years increases the penalties further. Three “priors” will result in felony charges (punishable by state prison).
  • High Blood-Alcohol Concentration DUI: California imposes an enhanced sentence where the BAC is .15 percent or higher. You may have increased public work service or other penalties.
  • Speeding and/or Reckless Driving DUI: This enhancement involves driving in excess of a specified speed while driving drunk. California imposes the enhancement where the defendant drove 20 mph over the speed limit on a surface street or 30 mph over the limit on a freeway.
  • Child Endangerment DUI: Increased penalties are imposed where there is a minor passenger in the vehicle at the time of the drunk driving. In California, a minor is defined as an individual under the age of 14.
  • Accident or Injury DUI: In San Diego, the existence of property damage can trigger a more severe sentence. The prosecutor may file additional charges if there is an accident or collision. If there is a personal injury involved in the County of San Diego, the prosecutor may elevate the offense to felony status.

Contact the Law Office of Joshua R. Bourne for a free initial consultation, and we will go over your individual case, the possible DUI penalties, and how to avoid these penalties.

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