There are many exceptions for enhancements and violations of probation. These are not all the code sections that can be charged for alcohol related offenses and the prosecutor in court may or may not have the authority to deviate from the standard offer. Use this only as a guide, and it is subject to change. There are many factors to consider that may affect the offer in your case. The standard penalties listed only pertain to DUIs resolved as a misdemeanor.
Wet Reckless- 3 years informal probation, $1100 fines and a 12 hour or 3 month DUI program
DUI 1st- 3 years informal probation, 2-45 days or more, $2000+ fines, 3 or 9 month DUI program
DUI 2nd-4 years (can be informal or formal probation depending on the facts), 30-75 days or more jail [half the sentence in custody], $2500+ fines, 18 month DUI program
DUI 3rd- 5 years formal probation, 180-365 days jail, $2500+ fines, 18 month DUI program,
DUI Injury 1st- 3-5 years informal/formal probation, 30-365 days jail [possible custody time], $2000+ fines, 3 or 9 month DUI program
Boating DUI- Similar penalties to a standard 1st DUI.
Parking is FREE and there’s plenty of it. It’s an open, uncovered lot, so it’s hot in the
summer and you should have an umbrella in the rainy season.
THINK about what you have in your pockets or purse before you leave your car. There is usually a long line to go through one of two metal detectors inside the court building. The machines are sensitive enough that even my belt sets it off. If you are turned away for having something inappropriate, you may be late for court.
Court- Check your notice to appear. You may be in Department 31 or Department 33 which are both located on the ground floor and at the east end of the building (all the way to the left). Restrooms are clean and close to where you enter the building.
These courts handle DUI cases, as well as all other misdemeanors. The arraignment or first appearance may be at 8:30am or 1:00pm. Second and subsequent appearance court dates and times depend on which DA has your case. Check the calendar outside the courtroom for your name. The organization of the names on the calendar has never made much sense to me and it’s certainly not just alphabetical. If your name does not appear on the calendar, quietly check with the bailiff up front and on the right side of the courtroom.
If you are going to ask for a Public Defender or choose to handle your case on your own, you will need to sit quietly for a while. First, the judge calls all the private attorney matters that are ready. You will notice that when most of the private attorney’s cases are called, the defendant is not present. If you choose to retain the Law Office of Denis White, it may not be necessary for you to appear either. Following the cases with private counsel, the judge will share with you what will happen in court, what rights you have and how you may proceed.
If your case is set for a Trial or various other Motions you will likely be in one of the other courts.
There are standard Bail amounts beginning at $5000 for first offense DUIs. If the BAC is .15 or higher, the bail goes up to $10,000. If you have one prior DUI in the last 10 years you can add $10,000, and if you have two priors you can add $20,000.
There are a number of factors, such as being on probation, that may increase the bail or make you ineligible. If you think the jail overlooked a prior or one of the factors mentioned, you should talk about this with your bail agent before court so that if bail is increased, the bail agent will be able to post the difference right away. That may avoid being taken into custody in court.
The court deals regularly with criminal penalties but not so much with the resulting DMV suspensions and restrictions. If you have concerns in this area, you may be better served contacting the Law Office of Denis White for answers. Placer County is not one of the four California counties participating in the Ignition Interlock Device (IID) pilot program under Assembly Bill 91. This means that installation of the device will not automatically be required by DMV in order to get your license back.
Warning- It is difficult or impossible to give advice without the specific facts of a case. If you are uncomfortable with the reason law enforcement came into contact with you, trust your instincts and seek legal advice. Police reports are written by people that have to justify why they made the decision to arrest you. In these instances people are involved. People make mistakes and sometimes they even lie. Have they done so in your case? While I know what you really want is great results, at the front end you may need to be satisfied with the peace of mind provided by having a lawyer that deals with this area of law looking out for your interests. This is what we do at the Law Office of Denis White. Contact us today for a Free Consultation.
Sacramento Area CHP Offices
CHP-North: (916) 338-6710 5109 Tyler Street Sacramento, CA 95841
CHP-South: (916) 681-2300 6 Massie Court Sacramento, CA 95823
CHP-Rancho Cordova: (916) 464-1450 11336 Trade Center Dr Rancho Cordova, CA 95742
CHP-Office of Capitol Protection Services: 1801 9th Street Sacramento, CA 95814 322-3337
Sacramento Police Department