CALIFORNIA DUI CONVICTIONS: PART 1 – First Time DUI Sentencing
Introduction
A misdemeanor DUI conviction in California[i] can lead to a slew of consequences, from fines and jail time to classes, license suspension, and the installation of an ignition interlock device. Additionally, first-time DUI convictions trigger collateral repercussions, including court fees, DMV complications, increased insurance costs, and the financial burden of mandatory classes[ii].
First-Time DUI Sentencing
For a first-time DUI in California, the maximum sentence is 6 months in jail and a base fine of $390 (plus penalties and assessments, which significantly inflate the total). Generally, a Los Angeles County judge will grant probation for three years, subject to specific conditions:
– Obey all laws
– Do not drive with any amount of alcohol in your blood
– Consent to all chemical tests, including the PAS test
Other probation conditions may involve:
- Fines
– The base fine ranges from $390-$1000 for a first DUI conviction.
– Assessments increase the fine to around 5 times the base amount imposed by the judge.
– Payment can be made in installments, and community labor is an alternative at a rate of one day for every $125 of the base fine.
- Jail Time
– The judge may but is not required to, impose a 48-hour county jail sentence for a first-time DUI offense[iii]. Jail time is rare in Los Angeles County for first-time DUIs.
- Alcohol Treatment Classes
– The required program (AB-541) for first DUI offenders is three months long.
– Consists of 30 hours of classes, including group meetings, AA meetings, and individual counseling sessions.
– Charges enrollment and attendance fees, with potential fee reduction or waiver for those unable to pay.
- Alcohol Education Classes
– Attendance at the MADD Victim Impact Panel[iv] or the Hospital and Morgue (HAM) program may be ordered, depending on circumstances.
– Program fees are $40 each, with the MADD panel lasting approximately 2.5 hours and the HAM program requiring 8 hours, split into two 4-hour sessions.
– The HAM program involves travel to a Los Angeles County ER department and the Morgue, requiring participants to write an essay about their experiences[v].
- California Driver’s License Suspension
– The court may order a separate driver’s license suspension, reported to the DMV, which will suspend the license upon receiving notice of the conviction from the court.
- Ignition Interlock Device (IID)
– The court may order IID installation after a first DUI conviction[vi].
– More likely if the BAC is over 0.15% or there was an alleged chemical test refusal.
– The maximum installation period is three years, with separate DMV requirements for IID installation[vii].
– DMV mandates IID installation for 5 months under VC 23152 and 12 months under VC 23153 after a first DUI conviction in Los Angeles County[viii].
– Income-based discounts are available if your income is less than three times the federal poverty level[ix].
Standard Plea Bargain
The “standard” plea bargain for a first-time DUI in Los Angeles typically involves 36 months of court-supervised probation, a $390 fine plus penalty assessments (or 3 days community labor), and a 3-month series of alcohol education classes (AB-541 program). Cases with high blood alcohol levels, chemical test refusal, or accidents may incur additional penalties, including more classes and higher fines.
Conclusion
While many may believe first-time DUI cases are unwinnable, our experienced Los Angeles and Pasadena DUI attorneys know otherwise. A conviction is not inevitable, and fighting DUI charges is crucial. The sentence for a first-time DUI demands a significant investment of time and money, leading to hardship in your life. For personalized assistance and guidance, contact THE LEVENTHAL FIRM today if you or a loved one is facing first-time DUI charges.
Upcoming Topics:
Stay tuned for future installments covering more intricate DUI sentencing, punishment, and probationary conditions, including DUI prior offenses, special allegations, and DUI felony charges, such as DUI with bodily injury.
Reference List:
[i] VC 23152, VC 23153
[ii] www.chp.ca.gov/Programs-Services/Programs/Impaired-Driver-Enforcement-Programs
[iii] VC 23536(a), VC 23538(a)(1)
[iv] http://www.madd.org/local-offices/ca/los-angeles/victim-impact-panels/
[v] https://volcenter.org/hospital-and-morgue-program
[vi] Cal Vehicle Code Section 23575(a)
[vii] Cal Vehicle Code Section 23573
[viii] VC 23700(a)(7)(A)(i) and VC 23700(a)(7)(B)(i)
[ix] VC 23700(b)(1)(A) et seq.