DUI Sentence

As a person facing a DUI in Ventura County, you will be facing one of three basic sentencing schemes. Should you choose to resolve your case, we make every effort to argue, based on the unique facts of your case and who you are as a person, that you deserve something better than the standard sentence. The following sentencing structure is intended to provide a general overview of information for potential clients. As your DUI lawyer, we are always available to answer your questions about your case and explore sentencing options that might be available to you. Our goal in providing these sentencing guidelines is to protect your rights and to empower you as a client in the criminal justice system.

I. First Offense DUI Sentence:

• 48 hrs jail or 5 days work release
• 3 years formal probation. During that period of time, check in with probation officer, follow all directions from probation, and do not drive with any amount of alcohol in blood or without valid license and insurance.
• Approx $3200 fines and fees (can ask that some part of fine be paid off in community service work, but this is not a standard disposition)
• Three month 1^st offender drinking driving class required by the DMV to regain your license. After completing the course, proof of completion must be submitted to the DMV. Failure to either complete the course or submit proof of so doing will result in 10 days jail.
• If you are under 21, you should be advised that there is a mandatory one year license suspension.
• If you have a high blood alcohol content alleged, generally.15 or higher, your sentence will involve a 9 month alcohol education class, mandatory 48 hr jail sentence with no work release option, and possibly abstain from alcohol/ do not be in a place where alcohol is the chief item of sale.

II. Second Offense DUI Sentence:

• 5 years formal probation. During that period of time, check in with probation officer, follow all directions from probation, do not drive with any amount of alcohol in blood or without valid license and insurance, submit to test, possible abstain from alcohol/ do not be in a place where alcohol is the chief item of sale.
  • term prohibiting you from being in locations where alcohol is the chief item of sale.
  • 30 days jail (additional 15 days, for total of 45 days, you are on probation at time of 2^nd offense)
  • 2^nd offender alcohol education class – 18 months

Same guidelines must be followed regarding restricted license, proof of enrollment and completion

• Fines and fees $3200

III. Third Offense DUI Sentence:

• 5 years formal probation. During that period of time, check in with probation officer, follow all directions from probation, do not drive with any amount of alcohol in blood or without valid license and insurance, submit to test, possible abstain from alcohol/ do not be in a place where alcohol is the chief item of sale.
  • 120 days jail. Possible additional time if you are on probation at time of 3^rd offense.
  • 18 month alcohol education class

Same guidelines must be followed regarding restricted license, proof of enrollment and completion

• Fines and fees $3200

IV. Fourth Offense DUI or More:

In these cases, you may be facing a felony charge of Driving Under the Influence. Sentencing will depend on the unique facts and circumstances of each individual case, as well as the history of prior convictions and the facts underlying those convictions.