Criminal DUI Court Punishment: Jail - California DUI Law and Legal Information
California drivers convicted of driving under the influence of alcohol or drugs in a violation of California Vehicle Code Section 23152(a)(b) faces consequences from the criminal DUI court and the California Department of Motor Vehicles. The criminal DUI court punishment includes fines, alcohol education programs, driverís license suspensions, probation, and conditions of probation including ignition interlock devices, and possible jail time.
Jail sentences vary depending on the charges, the facts of the DUI case, and the number of drunk driving arrests within a 10-year span. Driving under the influence of alcohol or drugs (DUI) in California is a serious offense, but it is possible to fight and win DUI charge. An experienced California DUI defense lawyer can evaluate each DUI case and determine the best strategy to keep jail sentence to a minimum for anyone accused of drinking and driving.
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A first-time DUI defendant who accepts probation faces no mandatory jail time; however, a judge can sentence the driver to 48 hours to six months in jail. California drunk driving defendants who refuse probation face a term of 96 hours to six months in jail.
California motorists arrested for a second DUI offense within 10 years who accept probation can be sentenced to 96 hours in jail, 10 days in jail, or a maximum of one year in jail. If probation is not granted, then the judge can impose a sentence of 90 days to one year in jail.
A third or subsequent DUI arrest within 10 years can result in 120 days to one year in jail. A driver who refuses to accept probation faces 120 days to one year in jail.
If the drunk driving arrest involves accident or injury, the driver likely will be charged with a felony DUI, and the potential jail time goes up substantially. DUI offender who accept probation face five days to one year in jail. Drivers who decline probation can be sentenced to 90 days to one year in jail.
A driver arrested for the second DUI conviction that involves accident or injury within ten (10) years can be sentenced to 30 days, 120 days, or up to one year in jail with probation. Without probation, a judge may impose a sentence of 120 days to one year in jail.
The penalties for a violation of California Vehicle Code Section 23152 - Driving Under Influence of Alcohol or Drugs, or California Vehicle Code Section 23153 - Driving Under Influence of Alcohol or Drugs Causing Injury depends on the facts of the California DUI case and the number of prior DUI convictions. An experienced California DUI defense lawyer with expert technical support will defend each DUI case with the strategy to minimize jail time and other negative consequences.