DUI Penalties

California DUI penalties which are listed below are non-enhanced. DUI sentences can be enhanced if there are aggravating circumstances. Sentence enhancements can be imposed if the driver refused to take a blood alcohol test, had a BAC result of 0.15% higher, was driving with a minor under age 14 in the vehicle, had prior DUI convictions, was speeding and driving recklessly, or injured another person in a collision.

Under the Influence Offenses

Vehicle Code Section 23152:

a. It is unlawful for a person who is under the influence of any alcoholic beverage to drive a vehicle.

b. It is unlawful for a person who has 0.08 percent or more, by weight, of alcohol in his or her blood to drive a vehicle.

Degree of Impairment Required:

A person is under the influence of an alcoholic beverage, drugs, or a combination of the two if the substance ingested so affects the nervous system, the brain, or the muscles as to impair to an appreciable degree the ability to operate a vehicle as would an ordinarily prudent and cautious person in full possession of his or her faculties using care and who is operating a vehicle that is subject to similar road conditions.

Penalties for Driving Under the Influence Offenses

• 23152 (misdemeanor):

• No Prior Conviction: Between 96 hours, at least 48 hours of which are continuous, and six months in the county jail. Imprisonment will be on days other than days of regular employment. If 48 hours of continuous
• One Prior Conviction: Between 90 days and one year in the county jail. If defendant refused to submit to or willfully failed to complete chemical test at time of arrest, jail time enhanced by 96 hours, no part of which may be stayed.
• Two Prior Convictions: Between 120 days and one year in the county jail. If defendant refused to submit to or willfully failed to complete chemical test at time of arrest, jail time enhanced by 10 days, no part of which may be stayed.
• Three or More Prior Convictions: 16 months or two or three years in state prison OR between 180 days and one year in county jail. In either case, if defendant refused to submit to or willfully failed to complete chemical test at time of arrest, jail time enhanced by 18 days, no part of which may be stayed.

Fines ~ In All Cases: Between $ 390 and $ 1,000

Imprisonment would interfere with the defendant’s work schedule, imprisonment will be allowed during time off from work.

§23153 (felony):

• No Prior Conviction: 16 months or two or three years in state prison OR 90 days to one year in county jail.
• One Prior Conviction: 16 months or two or three years in state prison OR 120 days to one year in county jail.
• Two or More Prior Convictions: Two, three, or four years in state prison.
• In All Cases if Current Offense Proximately Caused Great Bodily Injury: Additional and consecutive enhancement term of three years in state prison.
• In All Cases If Bodily Injury or Death to More Than One Victim: Enhancement of one year in state prison for each additional injured victim, up to a maximum of three years.

Fines:

• No Prior Conviction Within Seven Years: Between $ 390 and $ 1,000. (2) One Prior Conviction Within Ten Years: Between $ 390 and $ 5,000.
• Two or More Prior Convictions Within Ten Years: Between $ 1,015 and $ 5,000.
• In All Cases: Additional penalty assessment of $ 50 for alcohol abuse education and prevention program. Additional assessment of up to $ 50 for cost of blood-alcohol testing, in authorizing counties, and, in most counties, based on ability to pay. Additional assessment of up to $ 100 for county alcohol and drug problem assessment program, in authorizing counties, based on ability to pay.

Implied Consent Laws:

• Must be informed that his or her failure to submit to or complete the test will result in a fine and mandatory imprisonment if convicted, and either: (a) Suspension of the person’s driver’s license for 1-3 years;
  • Arrestee must be advised that refusal to submit to the test may be used against him or her in a court of law.
  • Arrestee must be advised that he or she is not entitled to consult with an attorney before deciding whether to take a test, before deciding which test to take, or during administration of the chosen test.
  • Arrestee must be advised by the officer that, if the person chooses a breath test, the equipment does not retain any breath sample and that no breath specimen will be available to be analyzed later. The arrestee must also be advised that he or she will be given an opportunity to provide a blood or urine sample that will be retained at no cost for subsequent analysis

Chemical Test Laws:

Blood Test. For purposes of the implied consent law, blood will only be drawn at the request of a peace officer and only by a physician, nurse, licensed laboratory technologist or bio-analyst, specified regulated unlicensed laboratory personnel, or certified paramedic. Blood should be taken as soon as possible after the alleged offense, and enough should be taken to permit duplicate determinations. Whatever blood remains after the test must be retained for one year after the date of collection and must be available to the defendant should he or she request it for additional testing.

Breath Test. The breath sample shall be collected only after the subject has been under continuous observation for at least 15 minutes prior to collection of the breath sample, during which time the subject must not have ingested alcohol beverages or other fluids, regurgitated, vomited, eaten, or smoked.

Stockton DUI Attorney

If you have been arrested for DUI in Stockton, obtaining a qualified attorney is the most important decision you will make. A qualified DUI attorney will protect your legal rights, investigate the circumstances surrounding your arrest, question law enforcement officers and witnesses, and keep you informed of your options. A skilled attorney can also provide the resources and aggressive defense you will need to fight your DUI charges or minimize their impact.

Vivian Thomas has been helping people charged with DUI in Stockton for over two decades. He has the education, specialized training, and experience to successfully defend your Stockton driving under the influence case. Vivian Thomas will also schedule your hearing with the California DMV and represent you at the hearing. Remember, you only have 10 days to prevent your license from being automatically suspended. When you work with Vivian Thomas, you can be assured that you are retaining the services of a knowledgeable and trustworthy DUI defense lawyer.

Contact The Office

Vivian Thomas stands ready to help you or your family member. A member of the office is available to speak with you regarding the case any day of the week between the hours of 8:00 a.m. and 8:00 p.m. Pacific Standard Time at (209) 227-7954.