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Fresno DUI Penalties

What are the Penalties for DUI in Fresno?

In California, a conviction for Driving Under the Influence (DUI) carries stiff penalties & punishments. The California DUI penalties & punishments listed below are based on a non-enhanced DUI conviction. If there are any “aggravating” factors, then the penalties & punishments are significantly increased. Those factors can include a child in the car (under 14), speeding, driving on a suspended or restricted license, accidents, high blood alcohol content (over .15), and more.

With that in mind, here is an outline of what penalties to expect for a California DUI conviction. Again, these are the minimum penalties.  Fresno County, for instance, gives 10-20 days jail on a first offense DUI.  A Fresno DUI lawyer from the Law Offices of Terry A. Wapner has the ability and knowledge to minimize these penalties!

As of 2005 the “look back” period for prior DUI offenses is 10 years. Regardless of when a prior DUI offense occurred, and what the DUI law was at the time, if it is within ten years of your current offense, it will count as a prior DUI offense. Although you may not be charged with a prior(s), the court may consider any prior offense (even outside the charging window) at the time of sentencing.

The following is for reference only.

Each county does vary in their sentencing and the laws regarding DUI punishment change often.

CRIMINAL SENTENCES FOR DRIVING UNDER THE INFLUENCE OF ALCOHOL AND/OR DRUGS (VEHICLE CODE SECTION 23152)

OFFENSE MINIMUM AND MAXIMUM SENTENCES WHEN PROBATION IS GRANTED (3 TO 5 YEARS PROBATION TERM) MINIMUM AND MAXIMUM SENTENCES WITHOUT PROBATION
FIRST Offense
within 10 years
48 hours to 6 months in jail, $390 to $1000 fine, and completion of a 3 month alcohol/drug treatment program (9 months if blood alcohol content is .20% or higher or if you refused a chemical test). Upon a conviction, the DMV will impose a 6 month license suspension 96 hours to 6 months in jail, $390 to $1000 fine and a 6 month license suspension.
SECOND Offense
within 10 years
Either (A) 10 days to 1 year in jail; or (B) 96 hours to 1 year in jail; and either an 18-month or 30-month alcohol/drug program. A fine of $390 to $1000. Installation of ignition interlock device for up to 3 years. As a result of the court conviction, the DMV will suspend your license for 2 years, but a restricted license may be available after 90 days. 90 days to 1 year in jail, $390 to $1000 fine and a 2 year license suspension.
THIRD Offense
within 10 years
120 days to 1 year in jail, $390 to $1000 fine, and an 18-month or 30 month alcohol/drug program if you have not completed one before. Installation of ignition interlock device for up to 3 years. As a result of the court conviction, the DMV will revoke your license for 3 years, but a restricted license may be available after 180 days. 120 days to 1 year in jail, $390 to $1000 fine and a 3-year license revocation.
FOURTH or Subsequent Offense
within 10 years
180 days to 1 year in jail, $390 to $1000 fine, and an 18-month or 30 month alcohol/drug program if you have not completed one before. Installation of ignition interlock device for up to 3 years. As a result of the court conviction, the DMV will revoke your license for 4 years, but a restricted license may be available after the first year of suspension unless the court orders otherwise. 16 months, or 2 or 3 years in state prison, or 180 days to 1 year in county jail; $390 to $1000 fine and a 4-year license revocation.

ADMINISTRATIVE (ADMIN PER SE) DMV PENALTIES FOR DRIVING UNDER THE INFLUENCE OF ALCOHOL AND/OR DRUGS

FIRST OFFENSE .08 or greater 4 month suspension
Refusal 1 year suspension
SECOND OFFENSE
Within 10 years
.08 or greater 1 year suspension
Refusal 2 year revocation
THIRD OFFENSE
Within 10 years
.08 or greater 1 year suspension
Refusal 3 year revocation
FOURTH OFFENSE
Within 10 years
.08 or greater 1 year suspension
Refusal 3 year revocation

DUI defense attorney Terry Wapner only handles cases involving drunk driving charges. You should hire a Fresno DUI lawyer who is uniquely skilled and has years of experience specializing in alcohol related criminal defense!

What Happens Now?

Roadside arrest

It’s a frightening situation. You are arrested for DUI after submitting to a breathalyzer and participating in a couple of field sobriety tests. The officer confiscated your driver’s license and provided you with a temporary license. You were given a notice to appear in court in a few weeks. Now what? Fresno DUI attorney, Terry A. Wapner, can help you make sense of this situation, guide you through the process, and might be able to provide the defense that results in finding you Not Guilty!

Myths & Truths About DUI Charges

Dui1

Myth: “There is nothing that a Fresno DUI defense lawyer can do.” Truth: Absolutely not true. Over the past 7-10 years, the conviction rate in California for DUI's is only around 70 percent. That means that 30 percent of the charges are being reduced to charges that are less than a DUI charge or not guilty verdicts are being returned. I have the ability and have won Fresno DUI cases. Do not give in to despair and believe that you are destined to lose. Entering a guilty plea to a DUI charge when the evidence against you can be challenged may result in an expensive mistake that could haunt you in the long run.