Fighting DUI Penalties in San Mateo County

Regardless of whether you are facing misdemeanor charges for driving under the influence of alcohol or drugs (DUI) in San Mateo County, Santa Clara County or San Francisco County, the minimum punishments for a conviction of this crime as prescribed by law are set forth below. However, it is important to know that each county has its own particular attitude and approach with respect to sentencing those defendants convicted of DUI.

Therefore, it is highly important that you contact a skilled and knowledgeable DUI defense lawyer to help you navigate toward the best possible outcome in your DUI case. At Ahmed & Sukaram, Attorneys at Law, our team strives to build a solid defense against our clients' charges in order to protect their rights to the fullest.

The Wet Reckless Sentence

It may be possible to lower your DUI charge to a lower offense called a "wet reckless." Options for this charge are as follows:

  • Option 1
    • Fine between $145 and $1,000
    • 12-hour First-Offender Program (AB-541 school) - unless compelling circumstances dictate otherwise
  • Option 2
    • Five-day county jail minimum to 90-day maximum
    • 12-hour First-Offender Program (AB-541 school) - unless compelling circumstances dictate otherwise
  • Option 3
    • Five-day county jail minimum to 90 days maximum; and
    • Fine between $145 and $1,000
    • 12-hour First-Offender Program (AB-541 school) - unless compelling circumstances dictate otherwise

If there is an Administrative Per Se suspension of the arrestees driving privilege, then in order to qualify for a restricted license after the 30-day suspension period, the arrestee must enroll in a 30-hour First-Offender Program (AB-548 program) in order to obtain a work-restricted license.

First-Offense DUI

Penalties for a first-offense DUI in California can include:

  • Probation
  • Jail time: At least 48 hours of continuous incarceration
  • $390 minimum fine: Mandatory fees and assessments, total fees generally come to approximately $1,500
  • Six-month license suspension: This time varies based on the BAC of the accused according to Vehicle Code § 23536
  • 90-day work restricted license

There are certain minimum conditions that must be met if probation is granted. These include being on probation for at least three years, driving with zero traces of alcohol in your blood and agreeing that probation shall terminate if any criminal offense is committed.

Second-Offense DUI Within 10 Years

The penalties for a second-offense DUI become more severe and can include:

  • Probation
  • 90 days in the county jail
  • $390 minimum fine: Mandatory fees and assessments, total fees generally come to approximately $2,000
  • One-year administrative license suspension by DMV
  • Two-year license suspension upon conviction [Vehicle Code § 13352(a)(3)]

The probation requirements for a second offense are very similar to that of a first-offense DUI. Also, time spent in a residential alcohol treatment program can count as time served in custody for purposes of jail sentences. [Penal Code § 2900.5].

After one year of license suspension the defendant can apply to the DMV for a restricted license provided that certain conditions are met. [Vehicle Code § 13352(a)(3)].

Third-Offense DUI Within 10 Years

Third-offense DUI charges and higher are not taken lightly by the state. The penalties become even great and can include:

  • Probation
  • 120 days in the county jail
  • $390 minimum fine: Mandatory fees and assessments, total fees generally come to approximately $2,000
  • Three-year license revocation upon conviction [Vehicle Code § 13352(a)(4)]
  • Alcohol treatment programs

Need More Information on DUI Penalties?

Call our lawyers at 866-477-0965 to discuss how to avoid or minimize the consequences you face for your DUI charge.