In San Diego, you will generally not do jail time on a first DUI. The penalty is usually a fine of $1K and the three-month First Conviction Program, community service if your BA level is high. Second DUIs and up do carry mandatory jail time.

Answer Applies to: California
Replied: 8/21/2011

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The maximum penalty for a first time dui is 6 months in jail. Don't worry, its highly unlikely you will receive that much time in custody. The penalty in most courts is 0 days in jail up to 10 or 15. This time in most counties can be served in a work program or house arrest.

Answer Applies to: California
Replied: 8/20/2011

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FIRST OFFENSE DUI (NO PRIORS WITHIN 10-YEARS) PROBATION: 3 Years Informal Probation JAIL: 48-hours and up to 6 months jail time may be imposed COURT FINES: approximately $1400.00-to-$1800.00. DUI SCHOOL : Attendance at First Offender Program (FOP) Required BAC = .153-month FOP BAC .15 to .196-month FOP BAC = .209-month FOP COURT MAY ORDER: Impound Vehicle up to 30-days if owned by defendant Ignition Interlock Device (IID) for up to 3-years INCREASED PENALTIES FOR DUI ENHANCEMENTS: RefusalAn additional 48-hours of Jail Passenger in Vehicle Under Age 14Additional 48-hours of Jail Speeding = 30 mph on Freeway or = 20 mph on Street or HighwayAdditional 60-days Jail Y

Answer Applies to: California
Replied: 8/20/2011

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The punishment will depend upon many factors. Do you have a prior criminal record? Was anyone injured as a result of the DUI? What was your blood alcohol level? For a first DUI conviction you are facing a maximum of six months in jail. However, in all courts in California if this is your first offense and the case is filed as a misdemeanor, you will not be facing that type of sentence. For a second offense, the maximum punishment is one year in county jail. For a third offense, the maximum is one year, but the minimum is 120 days in custody For a fourth DUI you are facing a prison sentence of up to 3 years and the charge being a felony. It can get worse from there if someone is seriously injured and you were found guilty of a DUI.

Answer Applies to: California
Replied: 8/19/2011

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When charged with any misdemeanor, like DUI, you potentially face up to 6-12 months in jail. The honest answer is that no attorney can predict the outcome, nor even give an intelligent opinion, without reviewing and knowing all the charges, evidence, police reports, testimony, priors history, etc. But jail is not automatic, nor expected in a first time simple DUI case without accident and injuries. Fines, probation, license suspension, programs, etc. are expected if convicted. Of course you can fight the charges. When arrested or charged with any crime, the proper questions are, can any evidence obtained in a test, search or confession be used against you, and can you be convicted, and what can you do? Raise all possible defenses with whatever admissible and credible witnesses, evidence, facts and sympathies are available for legal arguments, for evidence suppression or other motions, or at trial. If you don't know how to do these things effectively, then hire an attorney that does, who will try to get a dismissal, diversion, reduction or other decent outcome through plea bargain, or take it to trial if appropriate. Keep in mind a little free advice: When arrested for DUI, whether alcohol or drugs, then upon release from jail or booking the defendant is given documents that include a notice that you have only ten days to file a request with DMV for a hearing on an appeal of an automatic one-year suspension of your license imposed by DMV. That is separate and runs consecutively with any suspension that may be imposed by the court. Contact DMV and do so, timely, then appear at your scheduled DMV appeal hearing and present any supporting evidence and testimony.

Answer Applies to: California
Replied: 8/18/2011

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1st Offense: 6 months max in county2nd Offese (within 10 years): 1 year max in county, 4 days minimum3rd Offense (within 10 years): 1 year max in county, 120 days minimum4th Offense (within 10 years): Felony, potential state prison, 180 days minimum in county.

Answer Applies to: California
Replied: 8/18/2011

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Assuming this is a first time DUI, there was no collision, your license was valid, etc. (basically "just" a DUI), there is typically no jail on a first DUI. There are fines and fees totaling around $2,000 plus an alcohol program and other terms of probation. And of course, there's no punishment of any sort if you're not guilty, so that's where a good criminal defense attorney comes into play.

Answer Applies to: California
Replied: 8/18/2011

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The most jail time you can do on a 1st offense DUI, where there was no accident is 6 months, but most judges will allow you to do community service work instead. In order to ensure that you don't get any jail you should hire a good lawyer.

Answer Applies to: California
Replied: 8/18/2011

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For a first-time misdemeanor DUI in California, the maximum sentence is 6 months. If you have one or more prior convictions within 10 years, the maximum is 1 year in jail. Most first-time offenders with no accident and nobody hurt do not serve any jail time; however, it depends on the county you are in. Some are more harsh than others.

Answer Applies to: California
Replied: 8/18/2011

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If it's just a simple DUI jail is not likely. However, the exposure for misdemeanors is up to 365 days in county jail.

Answer Applies to: California
Replied: 8/18/2011

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No, most counties will not impose any jail time for the first time DUI. However, some counties if you are under 21 or there was an accident, will impose jail time which, in most circumstances, can be done as caltrans or community service. Most counties simply impose an alcohol class and a fine and informal probation.

Answer Applies to: California
Replied: 8/18/2011

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The maximum punishment for a misdemeanor DUI in CA is one year. Generally, first offenders are given 48 hours on a work-release-type program

Answer Applies to: California
Replied: 8/18/2011

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You can face jail time and the statue provides for custody up to six months in a non-accident first offense. Generally, however, first offenses do not draw significant jail time in most counties and often have no jail time with a grant of probation.

Answer Applies to: California
Replied: 8/18/2011

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There are different levels of DUI. Are there priors? Was there an accident? Was anyone injured? What was the BAC? Providing no priors, no accident, no injuries, and a BAC of under .15, the law calls for a maximum sentence of 6 months county jail. The standard time served in my county, under the same circumstances, is 2 days county jail.

Answer Applies to: California
Replied: 8/18/2011

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