California's DUI Laws & Penalties

Probation After a DUI

In addition to the potential jail/custody sentence that a person can receive for a DUI offense, the law also requires that the person be granted probation in most instances (unless the maximum punishment is given). In most instances when a misdemeanor is charged, the probation is informal (i.e., summary) wherein the Probation Department of the county does not supervise them, but they must abide by the probation conditions ordered by the Court, or else they will receive additional punishment, including the possible maximum jail/custody time in the case. 

The Court can impose many different probationary conditions, but here are a few of the standard terms and conditions of DUI probation:

• Fines and fees ($390+penalty assessment plus any court fees), which are often calculated in the neighborhood of +/- $2000
• An alcohol program typically lasting 3/6/9 months for a 1st offense; 18 months for a 2nd offense, or 18 months to 30 months for a 3rd offense
• Cannot drive with ANY alcohol in your system
• Cannot drive without a valid license and insurance

In some circumstances, the person can also be ordered to complete Volunteer Community Service, CALTRANS, work release, or home confinement/secured electronic confinement. This can be instead (“in lieu”) of jail/custody time, or in addition to jail/custody time.

License Suspensions

All of these court penalties are in addition to the license suspensions that can occur as a result of the Administrative Per Se DMV suspension and a separate license suspension that occurs after a person is convicted of ANY of the above-listed offenses in the criminal court. 

The length of the license suspensions and the potential ability to obtain a restricted license during part/all of the suspension period depends on a variety of factors, including, but not limited to, the following:

• The driver’s history of DMV suspensions and/or DUI related convictions;
• The exact charges and allegations a person was convicted of in the criminal court;
• The timing of the different suspension periods (i.e., Administrative Per Se suspension versus the suspension following any court conviction); and
• Whether a “refusal” pursuant to California’s Implied Consent law is alleged.

These are just a few of the different factors, history and circumstances that could drastically change the length and nature of any license suspension issued by the DMV either because of the Administrative Suspension following the arrest, or after any criminal court conviction. Due to the complexity of DUI license suspensions, it is highly advisable to consult with a knowledge DUI lawyer in order to best understand the potential suspensions that the DMV may attempt to impose in your case.