Common DUI FAQ

If my license was suspended, what should I do next?

As soon as possible, you should call an attorney. If you want to fight the automatic license suspension, you only have 10 days to file for a hearing with the DMV. If you or your lawyer do not call within the next 10 days, your license will be suspended for four months and you will not be able to fight this action.

If your hearing is scheduled more than 30 days after the date of your arrest, your lawyer can arrange for your temporary pink license to be extended beyond the initial 30 day period.

Can you get a DUI with a BAC below 0.08%?

Driving under the influence is a crime even if your blood alcohol content was below the legal limit and the alcohol affected your ability to drive. If your BAC is a .05 or below and you are over 21, you are presumed innocent of DUI. If it is below 0.08%, but above 0.06%, then the case will largely rely on the police officer’s testimony, including how you fared on the Field Sobriety Tests if you agreed to take these optional tests.

You can also be charged with a DUI even if you did not drink, if the officer had reason to believe you have taken either legal or illegal drugs and it impaired your ability to drive. You could also be charged if the police officer believed a combination of alcohol and drugs impaired your driving.

When is a DUI sentence increased?

There are some circumstances that can result in a DUI having additional penalties added to the sentence. These are known as sentencing enhancements and can include factors like having a child under the age of 14 in the vehicle, excessively speeding (at speeds more than 100 miles an hour or 30 miles an hour over the posted speed limit), having a blood alcohol content over .15% (even higher penalties will be added for BACs above .20%), having another DUI on your record from the last 10 years or refusing to take a blood or breath alcohol test when an officer requests you to do so.

In cases where the BAC was above .15% or if you were involved in a non-injury car accident, you may be sentenced to public work service. If your BAC was above .20%, you will be required to take a 9 month DUI class in addition to any other increased penalties the court may impose.

If you are facing any potential enhancements to your DUI charges, your attorney may be able to negotiate a plea bargain to help you avoid an increase in your sentence.

What are potential sentences for the FIRST DUI?

On the first DUI conviction, if probation is granted, a potential sentence includes attending an alcohol or drug program of 3 or 9 months and a $390 to $1,000 fine, plus penalty assessments of an additional 180% of the fine;  a jail sentence of 48 hours to six months may be imposed, but is not mandatory. The DMV will impose a driver’s license suspension of 6 months but it can be ended with installation of an ignition interlock device.

On the first DUI conviction, if probation is NOT granted, a potential sentence includes 96 hours to 6 months in jail, a $390 to $1,000 fine, and a 6-month license suspension.

With or without probation, your vehicle may be impounded for 6 months, and the court may, but is not mandated to, require you to install an ignition interlock device on your car for up to 6 months. If you have any questions about DUI probation, be sure to ask your 1st time offense DUI lawyer in San Diego.

What are potential sentences for the THIRD DUI?

On the THIRD DUI conviction (within 10 years) a potential sentence includes attending an alcohol or drug program for 18-36 months; a $390 to $1,000 fine, plus penalty assessments of an additional 180% of the fine; 120 days to 1 year in jail; and a 3-year license revocation by the DMV which can become restricted with an ignition interlock device. A 3rd time offense DUI attorney in San Diego can help you get the minimum sentencing possible when facing these serious charges.

You may also have your vehicle impounded for up to 12 months and you will be required to have a ignition interlock device on your car for 24 months.

What are potential sentences for a FELONY ACCIDENT DUI?

A FELONY ACCIDENT DUI is charged when the drunk driving was negligent or violated a traffic law, AND injured (even slightly) another person. A potential sentence includes attending an alcohol or drug program for 3-9 months and a $390 to $1,000 fine, plus penalty assessments of an additional 180% of the fine, plus a 1-year license suspension by the DMV which can be restricted with an ignition interlock device.

If probation is granted, a potential sentence also includes 5 days to 1 year in jail, plus a 1-year license suspension.

If probation is not granted, a potential sentence also includes up to 3 years in state prison; the exact time will be left up to court to decide.

Your vehicle may also be impounded for 6 months, and you will be required to have a ignition interlock device on your car for 12 months.

What are alternative sentences?

Alternative sentences are usually only available as part of a plea bargain, where you agree to plead guilty to one or more criminal charges. Whether or not you can receive an alternative sentence depends on the particular facts of your case, the charges you plead to, the agreement that your attorney reaches with the prosecutor, and whether the judge is willing to accept that agreement. Alternative sentences can include alcohol or drug rehabilitation programs, community service, counseling and/or attending AA meetings, probation, electronic monitoring under house arrest, and other sentences.