What Are Penalties For Multiple DUI Convictions As Well As Other Aggravating Factors?
For a second DUI within 10 years of the arrest for a first DUI, if you’re convicted, the monetary penalty goes up from $2,000 to about $2,600. Other penalties would be a mandatory 96 hours of jail time. The judge will usually let you do two 48 hours stints. It is very important to get a good DUI lawyer who can look into everything and see if there’s a way to prevent this from happening. If it’s a low blood alcohol level, the DA’s office will usually want between 15 to 20 days in jail. Of that time, 96 hours would be actual jail time and then the rest would be community service. You would have to complete multiple offender DUI school, which is an 18-month program. Proof of completion has to be shown to the court very often because it’s been so long since someone was last in court when they finish school.
On a third DUI, the mandatory minimum is 10 days in jail. Some counties will sentence the minimum but Marin goes above it. On a third DUI, the Marin county mandatory minimum is 120 days in jail and 30 of those days are supposed to be in actual custody. You’re declared a habitual traffic offender. They’ll give conditions like not using, possessing, or transporting alcoholic beverages. The fine is typically the same as for a second offense DUI, which is around $2,600. One thing that they require on both the second and third offense is an impoundment of the vehicle for 48 hours.
What is recommended for individuals who do find themselves facing these types of charges is having a substance abuse assessment done. Do whatever treatment is recommended. Typically, if someone is getting multiple DUI’s, there’s something going on and they need to be doing additional classes, meetings, treatment, and whatever it takes so that they and those around them can have a safer and more productive life.
Other types of enhanced DUIs would be when there have been four DUIs within a 10 year period. That would result in a felony, which is punishable by state prison, along with all of the other penalties listed above. Sometimes, we can avoid state prison on a fourth DUI. A year in county jail is usually the alternative. Long term residential treatment is usually something that will help avoid a state prison sentence. The other type of felony DUI case would be when there’s an injury. There are different levels of injuries. A soft tissue injury can be sometimes a felony, sometimes a misdemeanor. It depends on the extent of treatment that’s necessary and the extent of lingering pain. There are a lot of factors that are looked at. A broken bone is almost always going to be filed as a felony and it is very difficult to change to a misdemeanor. A misdemeanor injury will result in losing your license for a year, along with other DUI penalties. A felony injury DUI is also going to result in at least a year of no driving, along with all the conditions of probation, additional jail time, or potentially state prison time, depending on the extent. When you have multiple victims, there are additional penalties for each victim. When you have prior strikes, the penalty can be much greater. If someone is seriously hurt or someone is killed, the penalties go up substantially.
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