I just picked up my third DUI in 8 years and am still on probation from the last one Feb 07. From what I've read so far it appears that I am facing 120 days in county jail and a three year revocation of my license, fees and fines. Is this correct?
Criminal Defense Attorney
You are correct about the minimum jail term and license revocation.
However, that's a minimum, and the judge can impose up to a year if you're convicted. In Placer County, the judges tend to impose substantially harsher sentences in DUI cases.
What's more, since you're on probation, you could get up to a year on that case, too -- minus any time you've already served.
You need an experienced DUI attorney to see if you can avoid this third DUI conviction. You may also be able to avoid some of the jail time through electronic monitoring (house arrest) or community service.
DUI / DWI Attorney
riminal (Misdemeanor) Sentences for
Driving Under the Influence of alcohol
and/or drugs (Vehicle Code Section 23152)
OFFENSE MINIMUM AND MAXIMUM SENTENCES WHEN PROBATION IS GRANTED MINIMUM AND MAXIMUM SENTENCES WITHOUT PROBATION WITH OR WITHOUT PROBATION
within 10 years Attendance at an alcohol/drug program, a fine of $390 to $1,000, plus substantial, mandatory penalty assessments (totalling up to an additional 280% apx.), plus either (A) 48 hours to 6 months jail and 10 months license suspension; or (B) a license restriction to and from work, during work and to and from DUI program following any DMV suspension (if no refusal). 96 hours to 6 months in jail, $390 to $1,000 fine, and a 10-month license suspension. May impound vehicle for 6 months.
Up to 3 years ignition interlock device (IID), and Additional Jail if Child Passenger, if 30 mph over speed limit on freeway or if 20 mph over speed limit on other roads, if Refusal of chemical test, or if .15% BAC or more.
within 10 years Attendance at 18-30 month alcohol/drug program, a fine of $390 to $1,000 plus substantial, mandatory penalty assessments, 96 hours to 1 year in jail, installation of ignition interlock (IID) device for up to 3 years, and 2 year license suspension, with a possible license restriction to and from work, during work and to and from DUI program after 1 year of suspension and completion of DUI program. However, your license shall be suspended if the offense occurred in a vehicle which requires a class 1, 2, A or B license. 90 days to 1 year in jail, $390 to $1,000 fine plus substantial, mandatory penalty assessments, IID up to 3 years, and 2 year license suspension.
within 10 years 120 days to 1 year in jail, $390 to $1,000 fine plus substantial, mandatory penalty assessments, a 3-year license revocation, and an 18-month alcohol/drug program if you have not completed one before. 120 days to 1 year in jail, $390 to $1,000 fine, and a 3-year license revocation.
FOURTH OR SUBSEQUENT OFFENSE
within 10 years 120 days to 1 year in jail, $390 to $1,000 fine plus substantial, mandatory penalty assessments, a 4-year license revocation, and an 18-month alcohol/drug program if you have not completed one before. 16 months, or 2 or 3 years in state prison, or 180 days to 1 year in county jail; $390 to $1,000 fine, and a 4-year license revocation.
DMV Penalties for Driving Under the Influence of alcohol and/or drugs
OFFENSE BAC/REFUSAL SENTENCE
FIRST OFFENSE .08 or greater 4-month suspension
" " Refusal 1 year suspension
within 10 years .08 or greater 1 year suspension
" " Refusal 2 year revocation
within 10 years .08 or greater 3 year revocation
" " Refusal 3 year revocation
within 10 years .08 or greater 4 year revocation
" " Refusal 4 year revocation
DMV Suspension if .01% while on Probation
DMV shall immediately suspend the privilege of a person to operate a motor vehicle: ...if the person was on probation for Vehicle Code Section 23152 or 23153, and the person blows .01% or more, as measured by a preliminary alcohol screening test or other chemical test.
Driving on a Suspended License Mandatory Jail Penalty
If you drive when your privilege is suspended or revoked for driving under the influence of
alcohol, upon a first conviction, you face imprisonment in the county jail for not less than
10 days or more than six months and by a fine of not less than $300 nor more than $1,000.
[California Vehicle Code section 14601.2(a)]
DUI / DWI Attorney
Mr. Mueller's answer was most thorough and includes all possible penalties. If you are still on probation, you may be subject to further penalties and jail time based on a violation of probation. You must, immediately, consult with an attorney familiar with DUI laws in your area.