Types of DUI Charges in Santa Rosa
California law mandates that many of the penalties for a DUI are the same across the board. However, an experienced Santa Rosa DUI attorney who is familiar with the local court system can often negotiate a more favorable outcome for your case.
First Time DUI
A first time DUI conviction carries a two-day minimum jail sentence, and a six month maximum. If you were booked into jail at the time of your arrest, you will have credit for at least one of those two days and you may not have to serve any more time at all. Even if there is a day left for you to serve, or if you get sentenced to more time, you can often do so through an alternate program such as work release or electronic home confinement. With work release, you sign up to do an eight-hour day of work through the probation department for each day of jail that you owe, but you get to go home at night. With electronic home confinement, you are monitored with an ankle bracelet to make sure you remain home unless you are at work. The typical length of probation for a first time DUI is three years. The probation is “informal,” meaning you do not have to check in with a probation officer, you simply may not drive with any measurable amount of alcohol in your system or break any other laws. Sometimes, depending on the severity of your case, you may be ordered to abstain from alcohol completely for the probationary period. You will likely be fined approximately $2,500, which you can satisfy through monthly payments.
If your blood alcohol level is .19 or below, you will be ordered to take the First Offender DUI program, which is three months. If it is .20 or above, you will be ordered to take the Extended First Offender program, which is nine months long. Your driver’s license will be suspended by the DMV as of the date of your conviction for a period of six months. However, after the first 30 days of that suspension, if you are enrolled in your DUI class and are over 21 years old you may be eligible for a restricted driver’s license for the remainder of the six month suspension. The restricted license allows you to drive to and from, or for the purposes of, your employment. Once you complete the DUI class and the suspension time has passed, you can apply to have your license reinstated. A DUI is a two-point violation on your DMV record.
Second DUI Within 10 Years
If you are charged with a DUI and you have a prior DUI conviction (or wet reckless) within the last 10 years, the penalties for the second DUI increase. The mandatory minimum jail sentence for a second DUI is 10 days, and the maximum is one year. However, in Sonoma County, the prosecution will only typically offer a “minimum” of 30 days. This varies from county to county and also depends on the circumstances of your particular case. Like with a first DUI, you may be able to serve any jail time through an alternative program such as work release or electronic home confinement. The typical probation period is three or four years, and usually comes with an order that you abstain from alcohol altogether. There will be another $2,500 fine, and your license will be suspended for a period of one year. After 90 days, you may be able to apply for a restricted license, but you may have to install an IID (Ignition Interlock Device) to be granted this privilege. You will have to attend the Multiple Offender Drinking Driver Program, which is 18 months long. Circumstances of your individual case dictate what your particular penalties may entail, so don’t hesitate to consult with one of our experienced DUI attorneys for the most accurate information.
Our Settlements & Verdicts
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Case Dismissed Client Accused Of Possessing 2-pounds Of Marijuana For Sale
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Case Dismissed Client Accused Of Possessing 7-pounds Of Methamphetamine With Intent To Sell
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Case Dismissed Client Accused Of Possessing Marijuana
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Not Guilty Client Charged With Assault Charges And Gang Enhancements
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Case Dismissed Client Charged With Battery On A Correctional Officer And Resisting An Officer
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Case Dismissed Client Charged With Domestic Violence
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Case Dismissed Client Charged With Domestic Violence, Simple Battery, And Vandalism
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Case Dismissed Client Charged With Domestic Violence, Simple Battery, And Vandalism
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Case Dismissed Client Charged With Felony Cultivation Of Marijuana, Possession Of Marijuana For Sale, And Misdemeanor Narcotics Charges
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Case Dismissed Client Charged With Felony Possession Of A Baton And Misdemeanor Possession Of A Concealed Handgun
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Case Dismissed Client Charged With Possession
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Case Dismissed Client Charged With Theft And Elder Fraud
Wet Reckless
A “wet reckless” is a reduced charge from a first time DUI, under Vehicle Code section 23103.5: alcohol related reckless driving. This charge is not usually filed on the criminal complaint, but it is often offered in plea-bargaining as a less serious way to resolve your DUI case. Whether you will be offered a wet reckless depends entirely on the circumstances of your individual case and there is no guarantee that you will receive that offer. Typically, resolving your case for a “wet reckless” is a possibility for you if you had a low blood alcohol level (close to the .08% limit), if you have no criminal history, if you weren’t driving poorly, or if there are other unique circumstances that warrant a reduction of the charge.
The fine for a wet reckless is usually around $900, and the probation period is usually only 24 months. There is no mandatory minimum jail sentence on a wet reckless, and the DUI school could also be only six weeks instead of three months. However, a wet reckless, is still a serious consequence in that it is treated like a first DUI if you end up being charged with a DUI again within 10 years. It is also two points on your driving record, just like a regular DUI.
