For a first offense of driving under the influence in California, there is generally no prison sentence (DUI). Certain aggravating elements, on the other hand, might raise the consequences of a DUI conviction and result in a prison term. If a first-time offender violates a provision of their DUI probation, they may risk jail time. In certain counties, prison time is also required.

The best way to reduce your chance of being sentenced to jail for a first-time DUI conviction is to contact a criminal defense attorney who can help you fight your case. Contact Simmons Wagner, LLP now at (949) 439-5857 to request a consultation.

What are the consequences for a first-time DUI in California?

If charged with DUI in California, defendants who have not been convicted of a DUI crime in the previous ten years face the following criminal penalties:

3 to 5 years of misdemeanor probation, 3 to 9 months of DUI school, jail time if the offense occurred in certain California counties, fines and penalty assessments ranging from $1,500 to $2,000, depending on the county, 6 months of driving with an ignition interlock device (IID), and a 6-month driver’s license suspension period by the California Department of Motor Vehicles (DMV).

If the defendant has not been convicted of any of the following charges in the 10 years prior to the DUI arrest, they are considered as first-time offenders:

Driving under the influence of alcohol (VC 23152), drugs (VC 23152(f)), combined drugs and alcohol (VC 23152(g)), DUI in a commercial vehicle (VC 23152(d)), DUI in a ridesharing vehicle (VC 23152(e)), DUI causing an injury (VC 23153), or wet reckless convictions.

California is in the midst of a “lookback” moment. If the preceding DUI is at least 10 years ago, DUI offenders charged with a second offense for one of these infractions will still be considered first-time offenders. This is the case, despite the fact that it is their second DUI.

When does a first-time DUI conviction result in incarceration?

If you get a DUI for the first time, you might face jail time if you were sentenced to probation and then violated a condition of that probation, the incident occurred in one of the California counties that allows for jail time after a first offense, or aggravating elements were present in the collision.

First-time offenders are frequently sentenced to probation if there are no aggravating factors. Probation is a supervised release program. It permits criminals to avoid jail time while still allowing law enforcement to watch them. Probation sentences, on the other hand, come with severe regulations that the defendant must obey, including following obligatory DUI probation conditions.

If you are facing a DUI charge, contact Simmons Wagner, LLP now at (949) 439-5857 to request a consultation with an experienced attorney.