If you are
charged for violation of California Vehicle Code 23152 for Driving Under the
Influence (DUI) or Driving While Intoxicated (DWI) then you can be convicted
for misdemeanor offense or granted probation for three to five years. In both
cases, the arrest and charge results in a misdemeanor offense and will remain
on your record for a period of ten years. Subsequent DUI offenses within a 10
year time period result in much more severe penalties and increased jail time
as well as increased license suspension or revocation.
If you are
convicted for a first-time offense of DUI then you trigger two separate cases,
one is handled by the California Department of Motor Vehicles (DMV) and the
other is handled by the California court. You will have 10 days after your
arrest to protest the suspension of your driving privileges by the DMV. If you
do not protest your suspension then your driving privileges will be
automatically suspended. Upon conviction, your driving license can be suspended
by the DMV for up to 6 months for a first offense. You can be granted a
restricted license if you can show proof of CA SR22 insurance, and have a
legitimate reason for needing to drive (such as to go to work and back). You
may be mandated to use an ignition interlock device. Other punishments for
conviction of first time DUI can include confinement in county jail for 96 hours
to 6 months and a fine of $390 to $1,000.
Probation for a
first-time offense of DUI includes other punishments and is generally three to
five years long. It is important to know that it is illegal for you to drive
under the influence of alcohol or commit any criminal offense when you are
under probation. Punishments can include confinement in county jail for 48
hours to 6 months, a fine of $390 to $1,000, and/or an assignment to complete a
driving-under-the-influence program.