California law provides for the following penalties for first and second misdemeanor DUI offenses.  Note that these are the maximum penalties under law that can be imposed after conviction at trial.  Sentences imposed upon conviction are often significantly less than the maximum.  Also, even where the evidence overwhelmingly favors the prosecution, we are usually successful in negotiating deals that keep our clients out of jail.

First Conviction for Misdemeanor DUI  

Jail.  Up to six months.  In appropriate cases, even on conviction, our lawyers can obtain sentences far below the maximum.  You will get credit for time served, which will be at least the day of the booking.  Your attorney will probably be able to get any remaining jail time converted to weekend participation in the sheriff's work alternative program (picking up trash, etc.) or some other alternative to jail.

Fines. In addition to jail time, DUI convictions carry hefty fines.  It’s common for those found guilty of DUI to face fines and related fees of between $1,700 and $2,000, depending on the County.

DUI School.  It is usual for those convicted of DUI to be ordered to attend DUI school.

Probation.  Maximum of 5 years, but probably no more than 3.  Probation ordered in DUI cases is usually “Court Probation,” which differs from regular probation in that the probationer is not required to check in with a probation officer.  Court probation is merely the Court’s retention of jurisdiction over you to ensure that you comply with the Judge’s conditions of probation.

License Suspension.  Those convicted of a first-offense will have their driver’s licenses suspended for six months.   

Second Conviction for Misdemeanor DUI 

A “second offense” is a DUI offense that occurs within ten years of a prior DUI conviction.  For second offenses, the penalties are higher:

Jail.  Up to one year.

Fines.  Same as first-offense DUI fines.

DUI School.  18-30 months of DUI school.                         

Probation.  If granted, 1-5 years.                         

License Suspension.  Two years.

Sentence Enhancements

Any of these penalties may be enhanced for factors including:  additional prior DUI convictions, prior DUI probation violations, speeding specified amounts over the limit, BAC over .15% or over .20%, accident causing injury, and passengers in car under age of 14 at time of DUI stop.

Two or More Prior DUI Convictions

Where there are two or more prior DUI convictions within ten years, as a practical matter, a conviction usually means potential jail time of months to years (your attorney will tell you exactly what potential sentence you face, depending on your circumstances and the charges against you).  However, the defenses remain the same—an improper traffic stop, no probable cause for the arrest, flawed procedure in administering the chemical tests, medical conditions or other circumstances throwing the BAC reading into question, etc.  Even if your attorney cannot get the evidence suppressed or the case dismissed, identified weaknesses in the case against you that enhance your chances at trial may motivate the DA to agree to a favorable plea bargain involving lesser charges that do not trigger your priors.

Electronic Monitoring, Work Furlough and other Alternatives to Incarceration

Even if you face conviction, your attorney will be able to advise you on possible alternatives to incarceration.  In many California counties, short jail sentences (generally less 30 or 60 days) can be served through the Sheriff's Work Alternative Program (SWAP), on weekends, without any actual incarceration.  For longer sentences, work furlough, residential treatment programs, and electronic monitoring are often desirable alternatives to jail.