DUI Penalties in Ventura, CA
California DUI Laws
Driving under the influence of alcohol or drugs is taken very seriously in California. Drunk driving may be considered a misdemeanor or felony offense – depending on the circumstances surrounding your arrest.
At Lessem, Newstat & Tooson, LLP we are dedicated to helping drivers in Ventura, CA avoid unnecessary DUI penalties. If you need guidance from an experienced DUI lawyer in Ventura, contact our firm at once.
California Vehicle Code § 23152 states that it is illegal to drive under the influence of drugs or alcohol. In all fifty states, law enforcement considers a driver "under the influence" when his/her blood alcohol content (BAC) equals or exceeds .08%. California Vehicle Code §23152(b) states that a motorist will be considered under the influence if his/her BAC exceeds .08% within three hours of operating a motor vehicle.
Misdemeanor DUI Penalties
Your first misdemeanor DUI is punishable by three to five years of informal probation, up to six months of incarceration in a county jail, a three or nine month alcohol education program, and six to ten months with a suspended driver's license. Additionally, you may have to pay a $390 to $1,000 fine. If you are unable to pay the fine, this penalty can be exchanged for 13 days in jail or 13 days of Cal-Trans roadside work.
Second DUI offenses are punishable by three to five years of summary (informal) probation and a minimum of 96 hours in a county jail. You may be sentenced to one year in a county jail, a fine between $390 and $1,000, an 18- to 30-month DUI education program, and two years of drivers' license suspension. After six months, you may be able to obtain a restricted drivers' license.
After your third DUI offense, the DMV may label you as a "habitual offender." You may be sentenced to between three years and five years of probation, between 120 days and one year in a county jail, and a $1,000 fine. You may also be required complete a 30-month, court-approved, drunk driving education program as well. Additionally, your driver's license may be revoked for three years.
DUI with Injury (Felony & Misdemeanor)
DUI with injury may result in a felony or misdemeanor charge. If convicted of misdemeanor DUI with injury, you may be subject to the following penalties:
- Three to five years of informal probation
- Incarceration in a county jail for five days to one year
- A $390 to $1,000 fine
- An 18-month or 30-month alcohol program
- License restriction for one to three years
- Restitution for injured persons
Felony DUI is punishable by at least 16 months in a state prison. You may be sentenced to ten years in a California state prison with an additional six years of incarceration, depending on the severity and number of injuries. Felony DUI with injury is punishable by a $5,000 fine and 30-month alcohol program. The DMV may label you as a habitual traffic offender for three years and, like misdemeanor DUI with injury, you may be required to pay restitution to each person who suffered an injury.