Will I Have to Serve Time for a California DUI Conviction?

Posted on Wednesday, October 24th, 2018 at 8:12 am    

Man in Jail After a DUI Conviction

Being convicted of driving under the influence (DUI) can be a daunting situation for anyone. After being found guilty, you likely have many questions. You may wonder if and when you can get your license back. You may have concerns about how much you’ll have to pay in fines. The number one question most people have is whether they’ll face incarceration after a conviction. The law sets the maximum and minimum penalties you can receive for your offense. What your actual sentence is will depend on a number of factors.

A Los Angeles DUI lawyer will explain the possible sentences you can face for a DUI conviction. If you or a loved one has been convicted of a DUI in California, contact Spolin Law P.C. as soon as possible. Our attorneys have a wealth of experience dealing with DUI law. Contact us today at (310) 424-5816, or reach out via our online form to schedule a free and confidential case consultation.

Several Factors Can Impact Your Sentence

The sentence you receive for a DUI in California will depend on the circumstances that surround your conviction. Some of the factors may suggest that you deserve a lighter sentence. These are known as mitigating factors. Aggravating factors, however, will suggest that you deserve a harsher penalty.

In some cases, the prosecutor may offer you a plea bargain. This involves pleading guilty in exchange for a lesser punishment. The aggravating and mitigating factors of your situation will also play a large role in plea bargain negotiations.

What are Mitigating Factors?

When examining mitigating factors, the prosecution will be looking for reasons you deserve a lighter sentence. For example, if you were intoxicated by a medication that was legally prescribed to you, this could be a mitigating factor. Other factors that may reduce your penalties are:

  • Your blood alcohol content (BAC) being only slightly above the legal limit
  • Voluntary completion of a counseling or substance abuse program
  • Whether you are gainfully employed

Aggravating Factors in a DUI Case

By contrast, aggravating factors tell the court that you deserve a harsher sentence. Many times, the most aggravating factor is having multiple DUI convictions on your record. A criminal record of any kind can signal to the court that you do not deserve leniency. Other circumstances can increase your punishment, including:

  • Having a BAC drastically over the legal limit
  • Driving recklessly
  • Driving excessively over the speed limit
  • Driving with a revoked or suspended license

Possible Penalties for Your First California DUI Conviction

The minimum and maximum penalties for your DUI conviction will depend largely on your prior record. For your first DUI offense, California law allows a possible sentence of between 48 hours and six months in jail. If a judge orders probation, however, you are not required to serve any jail time. In general, judges are inclined to be lenient with first-time offenders. Each case, however, is unique. Your sentence will depend on factors like the ones discussed above.

Potential Jail Time Increases With a Second DUI Conviction

If you’re convicted of a second DUI, California law does prescribe jail time. The sentence for a second DUI conviction in California is up to one year in jail. However, there are several ways that you might avoid serving any term of incarceration. Depending on your circumstances, the judge may allow you to serve your sentence on house arrest. Alternatively, you could go through a work program rather than going to jail.

Penalties for a Third DUI

You will likely have to serve some jail time upon your third California DUI conviction. The penalty for a third DUI in the state is between 120 days and one year in jail.

Facing a DUI Conviction in California? Contact Us Today for Help

Your DUI sentence can be affected by any number of details. If you’re facing a conviction, you should enlist the help of a skilled DUI lawyer to explain how the law applies to you specifically. An attorney from Spolin Law P.C. can help determine what factors will affect your sentencing, how severe your sentence is likely to be, and if/how there is any chance of getting your sentence reduced.

To schedule a free, initial evaluation of your case, contact us today at (310) 424-5816.