DUI probation can be 3 to 5 years, and the terms usually include: no driving with any alcohol in your system, no refusal of chemical tests, submit to search and seizure for blood/breath, enrolling and completing the DUI class, paying fines/fees, paying restitution, obeying all laws, don’t drive unless properly licensed and insured, completing your jail sentence, and showing up for all court ordered appearances.
Felony DUI with Probation Granted
In a felony DUI case, you may be eligible for felony probation instead of prison. The maximum punishment with probation is up to 1 year in jail. To determine if you are eligible the court will look to California Rule of Court section 4.414 which lists the probation eligibility factors:
- Seriousness and circumstances of the crime compared with similar crimes
- If defendant was armed
- Vulnerability of the victim
- Degree of monetary loss to the victim
- If crime was carried out in a criminally sophisticated manner
- Defendant’s prior record, as an adult or juvenile
- Defendant’s willingness to comply with terms of probation
- Likely effect of imprisonment on the defendant and his her dependents
Felony DUI Probation
If you are granted felony probation, it will be for a period of 5 years. The standard felony DUI probation terms include: no driving with any alcohol in your system, no refusal of chemical tests, submit to search and seizure for blood/breath, enrolling and completing the DUI class, paying fines/fees, paying restitution, obeying all laws, don’t drive unless properly licensed and insured, completing your jail sentence, and showing up for all court ordered appearances. It may also include regular alcohol testing, probation searches, regular contact with your probation officer, AA meetings, community service and installing an ignition interlock device.
Felony Probation Consequences
You can still go to prison if you violate felony probation up to the maximum sentence of 3 years for a felony DUI. You must pay for felony probation supervision. Felony probation restricts your travel out of the state unless you get your probation officers permission. It also only allows you to move to another jurisdiction or state if the other jurisdiction or state accepts your probation transfer. You will be required to keep and maintain employment and participate in counseling if required by probation.
No Alcohol Terms
In some cases, the court may order a “no alcohol” term as part of probation. This means you will be on search and seizure for alcohol including on your person, vehicle, or home. You will also be prohibited from using or possessing alcohol and will not be permitted to be anywhere where alcohol is the primary item of sale like bars.
First Offense DUI school
If you are convicted of a 1st offense DUI, you will be required to attend a first offense DUI program. These range in length from 3, 6, or 9 months depending on your alcohol BAC. Under 0.15 is the 3 month, 0.15+ is 6 month, and over 0.20+ is the 9-month class. The costs of the classes are approximately $500 for 3-month class, $800 for 6-month class, and $1200 for 9-month class. All programs have payment plans. To sign up for the DUI class you will need your court paperwork or an H6 DMV printout.
Multiple Offender DUI School
If you are convicted of a 2nd/3rd offense DUI, you will be required to attend a multiple offender DUI program. The cost of the class is approximately $1800 for the multiple offender DUI class. All programs have payment plans. To sign up for the DUI class you will need your court paperwork or an H6 DMV printout.
Ignition Interlock Requirment
If you are convicted of a 2nd/3rd offense, it’s a minimum 1-year IID requirement. This device will not let you start or continue to operate your vehicle if you have alcohol in your system. The cost of the IID is approximately $70 to install and $60 a month.
In most 1st offense DUI cases, the court will allow you to apply for alternative sentencing. This means instead of doing actual jail time you would satisfy your jail sentence by Sheriff Work Project or Electronic Home Monitoring. In felony DUI cases, the court will require you to do either all or a portion of your sentence in actual jail. In some cases, this means no alternative sentencing in others maybe a combination of jail and alternative sentencing.
DUI FInes and Fees
You can expect to pay approximately $2000 or more if you are convicted of a DUI. Most counties will allow you to make payments. If you fail to make payments, you will be referred to collections, your license will be suspended, and you will violate your probation. In some counties you can convert your fines to alternative sentencing which can save you a lot of money.
Violating DUI Probation
You will be in violation of probation if you fail to comply with the court ordered probation terms including failing to enroll/complete DUI classes, appear in court when ordered, or completing your jail sentence. If probation is violated, the judge will issue a warrant and you will be arrested and brought back to court to answer for the violation of probation.
10 Year License Revocation
California Vehicle Code §23597 gives judges the power to revoke a license if a person has two or more priors within ten years of a new offense. The factors that are considered by the judge in imposing the 10-year revocation are:
- Person’s level of remorse for the acts
- Period that has elapsed since the person’s previous convictions
- Person’s blood-alcohol level at the time of violation
- Person’s participation in an alcohol treatment program
- Person’s risk to traffic or public safety
- Person’s ability to install a certified ignition interlock device
If the 10-year revocation is imposed, it may be possible to get your license back after just five years if you avoid any convictions for DUIs or suspended license charges and you complete your DUI school.
Habitual Traffic Offender Designation
On felony DUI cases, the judge will designate the driver a habitual traffic offender. Once this designation is in place, all subsequent driving offenses are subject to significant penalties, including lengthy jail sentences. If the defendant has been designated a habitual traffic offender, a first time driving violation would result in a mandatory sentence of 30 days in jail in addition to a $1,000 fine. This jail time would be consecutive to any other sentence imposed for the driving conduct. For a second or subsequent violation of the habitual traffic offender law, the defendant would be sentenced to a mandatory 180 days in jail and a $2,000 fine. Again, the 180 days would be consecutive to any other sentence imposed.
Even if you are convicted of a felony DUI, you can still get your case expunged. A felony DUI is a wobbler that can be reduced to a misdemeanor and then expunged. An expungement allows you to lawfully answer that you have never been convicted of a crime. To be eligible, you must have successfully completed probation, paid all you fines, and completed the terms of your probation.
You don’t have to plead guilty, contact our office today for a free same day consultation
Because you have so much to lose, you need the most experienced and aggressive DUI Defense attorneys on your side. Whether it’s defending you in trial or negotiating for dismissal, you can count on us. Our experienced and aggressive negotiating efforts usually result in better outcomes for our clients including reduced charges, lesser jail days, and smaller fines. Call our office today at (916) 939-3900 to speak directly to an attorney about your DUI case. We are open 24/7/365 to answer your questions.