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, San Francisco County, Alameda County or Marin 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 their 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 towards the best possible outcome in your DUI case.

The Wet Reckless Sentence

• Option 1
  • Fine between $145 and $1,000
  • 12 hour First Offender Program (AB-541 school) – unless compelling circumstances dictate otherwise
• Option 2
  • 5 day county jail minimum to 90 day maximum
  • 12 hour First Offender Program (AB-541 school) – unless compelling circumstances dictate otherwise
• Option 3
  • 5 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 within 10 Years

• Probation not granted
  • 4 days county jail minimum
    • At least 48 hours of continuous incarceration
  • $390 minimum fine
    • (mandatory fees and assessments, total fees generally come to approximately $1,500)
  • 6 month license suspension
  • First Offender Program
    • 3 months – if defendant’s blood alcohol concentration (B.A.C.) was less than .20%
    • 6 to 9 months – if B.A.C. level was .20% or higher, or if defendant refused to submit to chemical testing
  • Vehicle Code § 23536

• Probation granted – option 1
  • 2 days county jail minimum
  • $390 minimum fine
  • 6 month license suspension
  • First Offender Program – 3 month Program
  • Vehicle Code § 23538

• Probation granted – option 2
  • No jail sentence
  • $390 minimum fine
  • 90-day work restricted license
    • This 90-day license restriction does not supersede any administrative suspension by the DMV.
    • If defendant is sentenced to any time in jail, the DMV will suspend defendant’s driver’s license for 6 months.
  • First Offender Program – 3 month Program
  • Vehicle Code § 23538

* Minimum Conditions of Probation

• Probation for three to five years;
• No driving with “any measurable amount of alcohol” in the defendant’s blood;
• If arrested for drunk, the defendant “shall not refuse to submit to a chemical test;”
• Commit no criminal offenses
• Mandatory termination of probation if defendant drives with a .04% B.A.C. or greater and 48 hours in county jail unless the interests of justice would be served otherwise.
• Vehicle Code § 23600(b)

Second Offense DUI within 10 Years

• Probation not granted
  • 90 days county jail minimum
    • At least 48 hours of continuous incarceration
  • $390 minimum fine
    • (mandatory fees and assessments, total fees generally come to approximately $2,000)
  • 1 year administrative license suspension by DMV
  • 2 year license suspension upon conviction [Vehicle Code § 13352(a)(3)]
  • Multiple Offender Program – SB-38 Program
    • 18 months – depending upon sentencing county
    • 30 months – depending upon sentencing county
  • Vehicle Code § 23540

• Probation granted – option 1
  • 10 days county jail minimum
  • $390 minimum fine
  • 2 year license suspension upon conviction
  • Multiple Offender Program – SB-38 Program
    • 18 months
    • 30 months
  • Vehicle Code § 23542

• Probation granted – option 2
  • 96 hour minimum jail sentence
    • Two minimum 48 hour jail stays
  • $390 minimum fine
  • 2 year license suspension
  • Multiple Offender Program – SB-38 Program
    • 18 months
    • 30 months
  • Vehicle Code § 23542

* Minimum Conditions of Probation

• Probation for three to five years;
• No driving with “any measurable amount of alcohol” in the defendant’s blood;
• If arrested for drunk, the defendant “shall not refuse to submit to a chemical test;”
• Commit no criminal offenses
• Mandatory termination of probation if defendant drives with a .04% B.A.C. or greater and 48 hours in county jail unless the interests of justice would be served otherwise.
• Vehicle Code § 23600(b)

Note – Time spent in a residential alcohol treatment program can count as time served in custody for purposes of jail sentences.  [Penal Code § 2900.5].

* Restricted License

• 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

• Probation not granted
  • 120 days county jail minimum
  • $390 minimum fine
    • (mandatory fees and assessments, total fees generally come to approximately $2,000)
  • 3 year license revocation upon conviction [Vehicle Code § 13352(a)(4)]
  • Multiple Offender Program – SB-38 Program
    • 18 months – depending upon sentencing county
    • 30 months – depending upon sentencing county
  • Vehicle Code § 23548

• Probation granted
  • 30 days county jail minimum
  • $390 minimum fine
  • 3 year license suspension upon conviction
  • Multiple Offender Program – SB-38 Program
    • 30 months – if requested
  • Vehicle Code § 23548

* Minimum Conditions of Probation

• Probation for three to five years;
• No driving with “any measurable amount of alcohol” in the defendant’s blood;
• If arrested for drunk, the defendant “shall not refuse to submit to a chemical test;”
• Commit no criminal offenses
• Mandatory termination of probation if defendant drives with a .04% B.A.C. or greater and 48 hours in county jail unless the interests of justice would be served otherwise.
• Vehicle Code § 23600(b)

Note – Time spent in a residential alcohol treatment program can count as time served in custody for purposes of jail sentences.  [Penal Code § 2900.5].

* Restricted License

• After one year of license revocation the defendant can apply to the DMV for a restricted license provided that certain conditions are met.  [Vehicle Code § 13352(a)(4)].