First Offense DUI with Injury in Sonoma, Napa, Marin, Lake, Mendocino and Humboldt counties
As set forth below, both the Criminal Court and DMV will attempt to take your driver's license in a DUI case. It is important to understand how these different suspensions work together. There are a number of things that you can do to reduce the length of a license suspension or eliminate suspension completely. The best DUI lawyers who specialize in DUI cases have the knowledge to implement these alternatives to license suspensions which can allow you to keep your license.
VC 23153 is a "wobbler" meaning that it can be charged as either a misdemeanor or a felony at the discretion of the District Attorney. The status as a wobbler is important because if someone is convicted of a felony, at the time of the successful completion of their probation, they may return to Court and file a petition to reduce the felony to a misdemeanor which, if granted, removes the felony from their record for all purposes.
The suspension program alternatives set forth below apply specifically to a first offense DUI (no prior convictions for DUI within the last 10 years ) with injury. - VC23153.
Court
12 months of suspension but with unrestricted driving if the following is acquired:
- Proof of the appropriate 1st offender DUI program
- Proof of the acquisition of an SR-22 from an insurance company
- Paying $125.00 reissuance fee to DMV
- Proof of the installation of an IID (ignition interlock device) for a minimum of 1 year per VC 23575.3(h)(2)
If a conviction occurs in Criminal Court and the Court orders a mandatory suspension or a qualified alternative to suspension, the DMV suspension is terminated.
Misdemeanor Conviction
Without probation, per VC 23554, 90 days to 1 year in County jail and a fine of $390.00- $1,000.00 (with additional cost enhancements the fine will generally increase to approximately $2,000.00).
DMV
4 months of suspension but with restricted driving (to, from
and during a person's work and driving to and from any
activities required the DUI program) with the acquisition of the following:
- Proof of the appropriate 1st offender DUI program
- Proof of the acquisition of an SR-22 from an insurance company
- Paying $125.00 reissuance fee to DMV
- Proof of the installation of an IID (ignition interlock device)
4 months suspension can be converted to a 30 day or 1 month suspension followed by a 5 month period of restricted driving to, from and during employment or to and from any activities connected to the DUI program:
- Proof of the appropriate 1st offender DUI program
- Proof of the acquisition of an SR-22 from an insurance company
- Paying $125.00 reissuance fee to DMV
* The DMV suspension is terminated upon a conviction in Criminal Court and the ordering of mandatory.
With probation, per CVC 23556, standard terms of probation per VC 23600 and county jail of 5 days -1 year. Probation terms generally include no measurable amount of alcohol when driving, no commission of any criminal offense and, if arrested, no refusal of a chemical test. A fine of $390.00/$1,000.00 (with additional cost enhancements which will generally rise to around $2,000.00).
Felony
Fines and enhancements as set forth above; Felony probation/ parole terms. Imprisonment in State prison; additional State prison time for multiple victims per VC 23558. Great bodily injury 1 year state prison enhancement per victim.
Remember, Ronald Dinan and Associates, is a firm of experienced and aggressive DUI lawyers, who can help in achieving the best outcome in your case. Many times DUI case dispositions will include reduction or outright dismissal of the number and/or severity of criminal charges, diversion programs, probation, reduced fines with installment payments, alternatives to jail, etc.
To get immediate help with your DUI matter, we invite you to call us to discuss your case. We answer all telephone calls in a polite, professional and helpful manner.
| County: | Cities: | Local Phone number: |
| Sonoma County | Santa Rosa | 707-571-5550 |
| Napa County | Napa | 707-252-0102 |
| Marin County | San Rafael | 415-491-0223 |
| Lake County | Lakeport | 707-262-0503 |
| Mendocino County | UKiah | 707-462-5950 |
| Humbolt County | Eureka | 707-445-1348 |