First Offense DUI in Orange County
California Vehicle Code §23536--First Offense DUI Laws and Punishment (without Probation)
a. If any person is convicted of a first violation of Section 23152 (first time DUI Orange County), that person shall be punished by imprisonment in the county jail for not less than 96 hours, at least 48 hours of which shall be continuous, nor more than six months and by a fine of not less than three hundred ninety dollars ($390), maximum ($1,000).
b. The court shall order that any person punished under subdivision (a), who is to be punished by imprisonment in the county jail, be imprisoned on days other than days of regular employment of the person, as determined by the court. If the court determines that 48 hours of continuous imprisonment would interfere with the person’ s work schedule, the court shall allow the person to serve the imprisonment whenever the person is normally scheduled for time off from work. The court may make this determination based upon a representation from the defendant’s attorney or upon an affidavit or testimony from the defendant.
c. Except as provided in paragraph (2) of subdivision (a) of Section 23538, the person’s privilege to operate a motor vehicle shall be suspended by the DMV pursuant to paragraph (1) of subdivision (a) of Section 13352. The court shall require the person to surrender the driver’s license to the court in accordance with Section 13550.
Note that any fine handed down by the court includes a penalty assessment (PA) added to the fine. A DUI Orange County fine totals out over $2,000.00 as of 2013. The PA keeps going up so beware because the base fine hasn’t changed but the total is always increasing.
California Vehicle Code §23538
Conditions of Probation for First Time Offense DUI Orange County
Most cases of DUI Orange County, if convicted, will include a probation sentence described below.
Except as provided in subdivision (d), if the court grants probation to any person punished under Section 23536, in addition to the provisions of Section 23600 and any other terms and conditions imposed by the court, the court shall impose as a condition of probation:
1. 48 hours jail but not more than six months, and pay a fine of at least three hundred ninety dollars ($390), maximum ($1,000). Except as provided in paragraph (2), the person’s privilege to operate a motor vehicle shall be suspended by the DMV pursuant to paragraph (1) of subdivision (a) of Section 13352. The court shall require the person to surrender the driver’s license to the court in accordance with Section 13550.
2. Pay a fine of ($390), maximum ($1,000), and, if the person gives proof of financial responsibility, as defined in Section 16430, to the DMV, have the privilege to operate a motor vehicle restricted for 90 days to necessary travel to and from that person’s place of employment and to and from participation in a program described in subdivision (b). If driving a motor vehicle is necessary to perform the duties of the person’s employment, the restriction also shall allow the person to drive to locations within the person’s scope of employment. Whenever the driving privilege is restricted pursuant to this paragraph, the person shall maintain proof of financial responsibility for three years.
3. If the court elects to order a 90-day restriction as provided for in paragraph (2), the court shall order and advise the person of the following matters:
a. If the person’s privilege to operate a motor vehicle is suspended under Section 13353.2, the court-ordered restriction does not allow the person to operate a motor vehicle unless the suspension under Section 13353.2 has either been served to completion or set aside, and his or her license has been reinstated. The restriction of the driver’s license described in paragraph (2) shall commence upon the reinstatement of the privilege to operate a motor vehicle.
b. If a suspension was not imposed pursuant to Section 13353.2, a court conviction will result in an action by the DMV, and the court shall impose as a condition of probation that the driver shall enroll and participate in, and successfully complete a DUI program . . . .
1. The court shall refer a first (DUI Orange County) offender whose blood-alcohol concentration was less than 0.15 percent, by weight, to participate for at least three months or longer. For an approved alcohol class near you, click here.
2. The court shall refer a first offender whose blood-alcohol concentration was .015 or over, or 0.20 percent or more, by weight, or who refused to take a chemical test, to participate for at least six months or longer, as ordered by the court . . . .
3. The court shall advise the person at the time of sentencing that the driving privilege shall not be restored until the person has provided proof satisfactory to the DMV of successful completion of a DUI program.
c. 1. The court shall revoke the person’s probation pursuant to Section 23602, except for good cause shown, for the failure to enroll in, participate in, or complete a program specified in subdivision (b).
2. The court, can revoke probation for the following:
A. failure to enroll in, or failure to successfully complete, the program, or
B. successful completion of the program as ordered.
Don’t let a DUI Orange County happen to you
This introduction to the law is designed to inform you and warn you that there is too much at stake when facing a DUI case. Contact us to defend your rights and freedom from a DUI Orange County, CA.