California DUI Penalties

Santa Barbara DUI Lawyers

According to the California Vehicle Code, drunk driving is punishable by fines, incarceration, probation, community service, restitution, mandatory drug or alcohol programs, and other penalties. At Lessem, Newstat & Tooson, LLP, we are dedicated to helping clients avoid the consequences of a DUI. Our team of Santa Barbara DUI lawyers has more than 50 years of collective legal experience. We can help clients fight allegations of misdemeanor DUI, felony DUI, DUI with injury, and other DUI-related charges.

Misdemeanor DUI Charges

The California Vehicle Code § 23536 states that your first misdemeanor DUI conviction is punishable by a minimum of 96 hours in a county jail; 48 of these hours must be consecutive. The court may require a $390 to $1,000 fine and can suspend your driver's license for up to ten months. During this time, your suspended license can be converted into a restricted license, but you may be required to complete a court approved drug and alcohol education program as well. Drug and alcohol programs can last between three and nine months. You may be subject to three to five years of informal probation.

A second misdemeanor DUI conviction may result in three to five years of informal probation, one year of incarceration in a county jail, a $1,000 fine (no less than $390), a two-year driver's license suspension, and an 18- or 30-month DUI educational program. A third misdemeanor DUI is punishable by the following penalties:

Five years of probation
A $1,000 fine
At least 120 days in a county jail (no more than one year)
A 30-month drunk driving education program
Driver's license revocation (three years)

Three-time DUI offenders may be labeled "habitual traffic offenders" by the Department of Motor Vehicles. Although your driver's license may be revoked for three years, the court may allow you to obtain a restricted license after 18 months.

California Penalties for DUI with Injury

The court is far less tolerant of drunk drivers who cause accidents or serious injuries. If convicted of DUI with injury, you may be subject to enhanced consequences. DUI with injury can be charged as a felony or misdemeanor offense – depending on the specific circumstances surrounding your arrest. For example, the number of injured people and the extent of their injuries may affect whether or not the allegation is charged as a felony or misdemeanor crime. Misdemeanor DUI with injury is punishable by five years of probation, one year in a county jail, up to three years of driver's license restriction, an alcohol education program (30 months), a $5,000 fine, and restitution to all persons injured in the accident. Felony DUI with injury is punishable by:

Ten years of incarceration in a state prison
A $5,000 fine
An 18-month or 30-month drunk driving program
Restitution to injured parties
And additional one to six years in prison, if the number of people or extent of their injuries is extreme

Santa Barbara DUI Schools

DUI School (DUI education program) is a common penalty associated with DUI convictions. The nature of the conviction will determine length of the program; however, first-time DUIs are usually punishable by a three-month or nine-month program. Generally speaking, three-month DUI programs are ordered to motorists convicted of a standard DUI without a prior DUI record. A judge may choose to prescribe the nine-month program if the driver was found with a blood alcohol concentration (BAC) that exceeded .20%.

DUI School usually includes group counseling and lectures. DUI school for multiple offenses may include one-on-one counseling with a DUI counselor or class instructor too. During these sessions, the convicted driver is required to participate. Although DUI programs can vary according to the driver's offense, every DUI school is designed for one reason: to prevent drunk drivers from making the same mistake twice. However, these programs are very expensive and an unfair conviction could lead to serious financial problems for class participants.

DUI Defense in Santa Barbara

Facing a DUI charge is never easy. Your job, reputation, and freedom may be compromised by a drunk driving conviction. That's why our team of topnotch Santa Barbara DUI defense lawyers is ready to help you avoid the consequences of a DUI conviction. We are confident in our ability to fight your case, so call our office today and speak with us for a free case evaluation. We can help you understand your legal rights and circumstances. The sooner our team hears from you, the faster we can create an effective strategy to obtain the case results that you need.

Contact Lessem, Newstat & Tooson, LLP today to get an aggressive DUI defense attorney on your side.