DUI Laws and Penalties in Orange County
The statutes of California provide for two separate crimes in most drunk driving arrests: driving under the influence of alcohol (commonly referred to as DUI
), and driving with a .08% blood-alcohol level (called the per se
offense). It is possible to be found guilty of both charges, but you can only be sentenced on one (the criminal penalties are identical). In the event of a refusal to be tested for blood alcohol, the only crime charged will be DUI.
If convicted, the criminal penalty for DUI or .08% starts with the possibility of a jail sentence for as much as six months. You will be ordered to pay a fine of roughly $1600, representing the statutory amount plus a wide range of fees and assessments. In addition to a license suspension of 4 months imposed by the DMV, the court may also require a 6 month suspension. Attendance at a state-approved DUI school for three months will be required, both as a condition of probation and for reinstatement of the driver's license; this may be increased to six or nine months in the event of high blood-alcohol levels. Installation of an ignition interlock device
, community service or attendance at a victim's panel
or Alcoholics Anonymous may be added, although not required by statute. Finally, a probationary period of three years is normally imposed.
In the event that designated factual situations exist in the case, called enhancements
, more severe penalties can be triggered. Examples include engaging in high speed (over 30 mph on highways or 20 mph on streets - resulting in sixty days in jail), refusing to submit to chemical testing, having a child under 14 in the car at the time, or having a prior DUI conviction within ten years (three or more prior convictions changes the offense to a felony, punishable by state prison).
Independent of the criminal charges, the DMV will impose an administrative license suspension for either having .08% or for refusing blood alcohol testing. (See the License Suspensions
section.)
