| OFFENSE | MINIMUM AND MAXIMUM SENTENCES WHEN PROBATION IS GRANTED (3 TO 5 YEARS PROBATION TERM) | MINIMUM AND MAXIMUM SENTENCES WITHOUT PROBATION |
|---|---|---|
| FIRST OFFENSE within 10 years |
Two options, both requiring attendance at an
alcohol/drug program, a fine of $390 to $1,000, plus either: (A) 48 hours to 6 months in
jail; or (B) a 90-day license restriction. Under option (A), the Court may also suspend your license for 6 months. Under either option, your license shall be suspended for 6 months if the offense occurred in a vehicle which requires a class 1, 2, A, or B license. |
96 hours to 6 months in jail, $390 to $1,000 fine, and a 6-month license suspension. |
| SECOND OFFENSE within 10 years |
Two options, both carrying a fine of $390 to $1,000, plus either: (A) 10 days to 1 year in jail and an 18-month license suspension; or 30-month alcohol/drug program, and a license restriction allowing driving only for work and alcohol/drug program for the duration of the program. However, your license shall be suspended for 18 months if the offense occurred in a vehicle which requires a class 1, 2, A, or B license. Installation of interlocking device for 18 months. | 90 days to 1 year in jail, $390 to $1,000 fine, and an 18-month license suspension. |
| THIRD OFFENSE within 10 years |
120 days to 1 year in jail, $390 to $1,000 fine, 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, 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. |
| OFFENSE | w/&w/o/REFUSAL | SENTENCE |
|---|---|---|
| FIRST OFFENSE | .08 or greater | 4-month suspension |
| "" | Refusal | 1 year suspension |
| SECOND OFFENSE within 10 years |
.08 or greater | 1 year suspension |
| "" | Refusal | 2 year revocation |
| THIRD OFFENSE within 10 years |
.08 or greater | 3 year revocation |
| "" | Refusal | 3 year revocation |
| FOURTH OFFENSE within 10 years |
.08 or greater | 4 year revocation |
| "" | Refusal | 4 year revocation |
NEW CALIFORNIA DUI LAWS FOR 2005
Again, California leads the nation with redundant needlessly complicated punishment schemes making DUI violations the single most complicated, costly and over-punished misdemeanors on the books.
Driving Under the Influence (DUI) Statement
Requires a court to advise a person convicted of a violation
of DUI, or a violation of alcohol-related reckless driving ("wet" reckless), of
the dangers of being under the influence and that if someone is killed, the
offender could be charged with murder. This advisement would establish grounds
for more severe penalties if this same offender is convicted of subsequent DUI
offenses.
Subsequent DUI Sanction
Increases the time period from seven to ten years during
which arrests and/or convictions of DUI violations will be counted as prior
offenses for the purposes of increased driver license penalties. It also
requires the court to order a person convicted of a prior DUI to complete an
alcohol and drug problem assessment program even though that prior conviction
occurred more than ten years ago and authorizes the court to order the person to
complete a repeat offender treatment program. It expands court-ordered
participation in a county alcohol and drug problem assessment program to all
persons convicted of a second or subsequent DUI offense that occurred within ten
years of a prior offense.
DUI License Restriction
Requires course providers to send certificates for attendance
and completion of alcohol treatment programs directly to DMV's Sacramento
Headquarters and prohibits them from giving certificates to drivers.
DUI Driver License Sanctions
The courts will no longer be responsible for imposing a driver license sanction as the result of a conviction for a DUI, and assigns this responsibility solely to the DMV. It also ensures that all persons convicted of a DUI will receive a restriction, suspension, or revocation of the driving privilege, without exception.
Implementation 9/20/2005
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