DUI - What is going to happen to me, what are the penalties?

The laws regarding DUI have changed to slowly become harsher, and easier to prove from prosecutors in court, year by year for decades.  Prosecutors focus on the punishments, to deter others from violating the rules, and to show that those that are accused are being dealt with harshly for a societal ill.

Sentencing and punishment are the threats that we have to face whenever a law is proven to have been broken. Some punishments cost money, for others its time, or work and effort to satisfy the court, and with a DUI, the DMV regarding driving privileges.

Committing the act of DUI has penalties that are meant to equal the offense society takes towards drunk drivers. The majority of the people who are arrested for DUI do not intend to break the law; they are just out to have a good time with their friends.

Orange County courts, and OC prosecutors, through the District Attorney’s office, takes drunk driving very seriously when it comes to enforcing DUI. Once you are convicted of DUI anywhere, it's there for years. A second offense within ten years can be charged as a DUI with a prior, and insurance companies can raise your premiums and rates for three years. 

While you may expunge a conviction at the end of probation, you cannot remove the conviction from your driving record. This can impact your life in multiple ways. Of course, the legal implications of a DUI charge can be a nightmare.

It is very important that you hire an efficient orange county criminal lawyer that can help untangle the legal web and minimize those consequences so that you can put the past behind you and look forward to a sober future behind the wheel.

Here are DUI penalties that most often than not, can result in a long-term negative effect on our lives.

License Suspension

The DMV gives you an opportunity to challenge the automatic license suspension, but only gives you a short ten day time period to request a hearing to avoid that suspension. The amount of any DMV license suspension varies depending on whether or not there was a refusal, or any priors.

For a first offense, with no other factors, if you get convicted of DUI in Orange County, you will have your license suspended for four months. If you are alleged to have refused a chemical test, and if the DMV can prove the refusal, then you can expect a license suspension of 1 year. The DMV will grant a restricted license, which allows driving for work purposes, if you take certain steps.

The Costs of a DUI: Fines and Fees

A drunk driving conviction is expensive, in a number of ways.  Paying large fines to the court (which allows you to pay in payments, or work off the amounts through community service), is only one part of the many penalties. Add in the costs of an alcohol school, the potential loss of employment, insurance increases and ignition interlock devices and other costs and you will find the monetary amounts rise rapidly.

Car Impoundment

Even if you do get to keep your job, how are you going to get there without a vehicle? Having your car impounded is rare, but if you had a suspended license at the time, it can be another inconvenience to you and your family. It will also mean having to spend even more money to get to work, unless you have a friend that can drive you back and forth every single day.

Community Service / CalTrans

This DUI penalty will give you the opportunity to impress friends and family. No, not really, your community service may involve you picking up trash on the highway. Not glamorous, not fun, but undoubtedly humbling and a great opportunity for a person to think about their DUI.

DUI School

You will also probably get another chance to go to school – Alcohol School. The length of the alcohol school usually depends on your alcohol level at the time of your testing or arrest.  The alcohol program for a first-time offender is three months, six months, or nine months for alcohol levels at or above .20% or refusal cases.

Ignition Interlock Device (IID) Installment

An ignition interlock is not normally required for Orange County DUI cases.  To earn this penalty, you either have multiple offenses, or are facing a Los Angeles County DUI. (Although note that starting in 2019, an IID will be required for all DUIs). An interlock device is placed on your car's ignition and will not allow you to start the car unless you are sober.

Probation

Being convicted of a DUI comes with mandatory probation of three years or more. You not have to meet a probation officer, but you are on special status – you cannot get another misdemeanor or felony, and you cannot drive with any alcohol in your system until you are off probation.

Jail Time

Nobody wants to end up in jail, but depending on the circumstances of your DUI, jail time could be a possibility. This is one of the worst DUI penalties in my opinion, and one that most want to avoid.  Jail time is only mandatory for a second time (or higher) DUI, but with accidents, a hit and run, multiple suspended license violations, jail could be a possibility.  There are alternative sentencing options that will keep you out of jail, however.

Other Issues with a DUI

Not only will you pay fines, lose your DUI license, go to DUI school, etc., but a DUI will impact your life in many other ways as well. You will carry around the DUI stigma. You may lose your job. Your car insurance will go up. Your credit may be hurt and depending on the circumstances of your case; you may lose the right to own a firearm.