| California Consequences and Sentences for DUI and Reckless Driving (i.e. “Dry” and “Wet” Reckless Driving*) | Type of Offense | Minimum and Maximum Sentences with Probation (3 to 5 year probation term) | Minimum and Maximum Sentences without probation | | First DUI within 10 years | Two options, both carry a fine of $390 to $1,000 ***, 3-months alcohol/drug program (or a 9-month program) if my blood-alcohol content was .20 percent or more***, or if I refused a chemical test at arrest, plus either: (A) 48 hours to 6 months in jail, and a 6 month driver’s license suspension; or (B) A 90-day driver’s license restriction allowing driving for work and alcohol/drug program attendance only. However, my driver’s license shall be suspended for 6 months if the offense occurred in a vehicle which requires a class A or B license. | 96 hours to 6 months in jail, $390 to $1,000 fine, and a 6-month driver’s license suspension. | | Second DUI within 10 years | Two options, both carry a fine of $390.00 to $1,000.00, plus either (A) 10 days to 1 year in jail, and a 2- year driver’s license suspension, or (B) 96 hours to 1-year in jail (the 96 hours will be served in 2 increments of a continuous 48-hours each); an 18-month (or 30-month) alcohol/drug program, and a driver’s license restriction after one year allowing driving only for work and program attendance.*** A flat two year suspension is imposed if the offense occurred in a vehicle requiring a Class A or B license. | 90 days to 1 year in jail, $390 to $1,000 fine, and a 2-year driver’s license suspension. | | Third DUI within 10 years | 120 days to 1 year in jail, $390 to $1,000 fine, a 3-year driver’s license suspension, and an 18 month alcohol/drug program. | 120 days to 1 year in jail, $390 to $1,000 fine, and a 3-year driver’s license revocation. | | Four or More DUI Offenses within 10 years | Can be charged as either a misdemeanor or a felony. 180 days to 1 year in jail. $390 to $1,000 fine, a 4-year driver’s license revocation, and an 18-month alcohol/drug program. | 16 months, 2 or 3 years in state prison (or 180 days to 1 year in county jail), $390 to $1,000 fine, and a 4-year driver’s license revocation. | | Reckless Driving (“Dry” and “Wet”) | Maximum of 90 days jail, $1,000 fine. If alcohol or drugs are involved (i.e. “Wet” Reckless Driving), this conviction will act as a prior DUI conviction and a treatment course will be imposed. | 5 to 90 days jail, $145 to $1,000.00 fine. If alcohol or drugs are involved, this will act as a prior DUI conviction and a treatment course will be imposed (i.e. “Wet Reckless Driving.) | | DUI Causing Injury (First Offense) | 5 days to one year in jail. $390 to $1,000 fine, completion of a 3 month alcohol/drug program (or a 9-month program if blood-alcohol | 16 months or 2 or 3 years in prison (or 90 days to 1 year jail), and a $390 to $5,000 fine. A one year driver’s license suspension. | * A “wet” reckless driving or “dry” reckless driving is a less serious offense than DUI and is sometimes obtained as part of a plea bargain to avoid a DUI conviction. ** Unfortunately, fines are typically around $1,600.00 after additional penalty assessments are imposed. This amount, however, can be reduced by participation in special courses. For instance, Fresno offers the scared stiff program which may reduce the fine amount on a DUI by one-half. *** Probation is very rarely denied on first or second DUI offenses. **** Court now has discretion to impose a 9 month course if your blood alcohol concentration was .15 % or more. ***** DMV, as of 2007, now imposes a 10 month license suspension if your Blood Alcohol Concentration (BAC) exceeded .20% or more. **** In a second offense DUI situation, you can get a restricted license after one year as long as you are enrolled in the second offender 18 month DUI course. The Law Office of Michael E. Mitchell defends clients charged with DUI / DWI and traffic offenses in California's Central Valley and San Joaquin Valley, including Fresno County, Tulare County, Merced County, Madera County, County of Kings, Mariposa County, Fresno, Tulare, Merced, Madera, Kings County, Mariposa, Visalia, Hanford, Dinuba, Los Banos, Selma, Kingsburg, Clovis, Sanger, Reedley, Kerman, Parlier, Coalinga, Firebaugh, Fowler, Mendota, Visalia, Avenal, Corcoran, Lemoore and Lemoore Naval Air Station (NAS), Porterville, Bass Lake, Shaver Lake, Yosemite National Park, Sequoia National Park. We also defend motorists pulled over for traffic violations along San Joaquins roads and highways including interstate 5 and highways, 49, 41, 99, 168, 192, 180. |
