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San Francisco Bay Area DUI penalties are based on a number of diverse criteria. The State of California mandates minimum penalties for DUI cases, but depending on the “aggravating” circumstances during the arrest such as the presence of children under 14, license status (whether suspended or restricted), age of the driver, speed at the time, accidents, injuries, or excessively high blood content a driver could potentially face additional punishments.
Listed below are the different Bay Area DUI penalties often imposed on drunk drivers. It is important to note that a DUI in the Bay Area will stay on your record for 10 years; that is, if you get another DUI within 10 years of your first one the punishments will be more severe.
This penalty chart should be used as a reference only. Laws are constantly changing and penalties may vary by county. Contact The Law Offices of Aaron Bortel for details pertaining to your county and your case.
|Probation||Fines Plus Penalty Assessments||License Status||DUI School/Alcohol Treatment||Jail Time|
|1st Offense||3 - 5 years informal probation||$1,400 to $1800||6 months license supension||3-9 months depending on your blood alcohol level at the time of your arrest||Most counties require a minimum of 2 days, maximum of 6 months|
|2nd Offense||3 - 5 years informal or formal probation||$1,650 to $2,800||Mimimum 1 year (up to 18 months) suspension. After 1 year you may be able to obtain a restricted license if certain circumstances apply.||18 -30 months||Minimum of 10 days, maximum of one year|
|3rd Offense||3 - 5 Formal probation (must report to a probation officer)||$1,900 to $2,800||Mandatory 3 years/potential for a restricted license.||Mandatory 18 months||Mandatory 120 days in jail, but home arrest, rehab, or a combination of both is possible. Some counties demand 210 days in jail and others a full year.|
Fourth DUI Offenses can be considered a felony DUI. This can be punished by three years in a state prison, permanent loss of license and other penalties. Injuries compound a drunk driving case, and can turn an otherwise simple case into a felony DUI or a misdemeanor DUI.
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