Driving under the influence may sound simple to explain, but in the eyes of the law there are many incidences that count as aggravating factors. First time DUI offenders are typically subject to jail time for up to six months, up to one thousand dollars in fines, and participation in a drug education program.
Top Sentencing Enhancements for DUI
· Second Offense DUI – In California, if someone commits a second DUI offense within a ten year period, sentencing is usually enhanced by up to one year in prison, up to thirty months in a drug education program, and suspension of their driver’s license by up to two years.
· Third Offense DUI – The California DMV regards such offenders as habitual traffic offenders, which carries its own penalties.
Other ways an DUI offender may receive a sentencing enhancement include:
· Driving under the influence with a minor under 14. This carries its own fines and drivers can also be tried for child endangerment.
· Committing a DUI with Injury to someone else.
· DUI that results in death. The sentencing is enhanced to a felony, with up to three years in prison and other possible fines. This is also known as vehicular manslaughter.
· Offenders who are under the age of 21 years old are also subject to higher fines.
Apart from jail time, prison time, monetary fines and DUI school, more penalties include:
· Some counties will go as far as to install a Ignition Interlock Device on a habitual offender’s vehicle in order to verify they are alcohol-free before the engine is started. The driver will perform a breathalyzer test and then go on to drive once it’s determined that they are sober.
· Some repeat offenders will be placed on restricted licenses, such as only travel between home and work or groceries. This goes in line with house arrest and electronic monitoring.
· Participation in community service and roadside work.
· Confinement to living in a sober facility.
An Orange County DUI lawyer can also help to lessen fines for repeat offenders and first time offenders.
