Placer County DUI Penalty Guide

2018 Placer County / Roseville DUI Penalty Guide

Penalty for 1st Offense DUI resolved as a Wet Reckless 21 and Older  

           

3 years informal / summary probation

Standard terms; Obey all laws, Don’t drink and drive, Don’t drive w/o valid license & insurance, Don’t refuse chemical test

Possible additional terms; Don’t possess or consume alcohol, Search & Seizure and drug terms if applicable.

            Jail Time: 

Jail or alternative sentence time is not ordinarily ordered, although it depends on the facts and circumstances of the case. A non-injury crash may add 10 or more days of time.

            Court Fines:

                        Approximately $900.

            DUI School:

The court will order a 12 hour DUI school. 

*For anyone under 21 years of age, the guidelines call for search and seizure, not possess or consume alcohol or be in places where alcohol is the chief item of sale, 20 hours of community service and a one (1) year CDL suspension. 

Penalty for 1st Offense DUI  21 and Older 

           

3 years informal / summary probation

Standard terms; Obey all laws, Don’t drink and drive, Don’t drive w/o valid license & insurance, Don’t refuse chemical test

Possible additional terms; Don’t possess or consume alcohol, Search & Seizure and drug conditions if applicable.

            Jail Time: 

The time ordered can be from Zero to 45 or more days based on the alcohol level.  BAC up to .14% is time served up to 9 days, BAC of .15% to .19% is 10 to 19 days, BAC of .20% to .29% is 20 to 44 days and .30% and above is 45 or more days.

Common Sentence Enhancements and additional time:

            Refusal of chemical test; 10 days

            Minor in car; 10 days

Speed / Reckless driving; 60 days

Non-injury accident; 10 days  

            Court Fines:

                        Approximately $2500.

            DUI School:

The court will order a 3 or 9 month DUI school.  The longer school is a result of the Refusal of the evidential chemical test or a BAC being .20% or more.

*For anyone under 21 years of age, the guidelines call for search and seizure, not possess or consume alcohol or be in places where alcohol is the chief item of sale, 20 hours of community service and a one (1) year CDL suspension.  

Penalty for 2nd Offense DUI  21 and Older 

           

4 years informal / summary probation

Standard terms; Obey all laws, Don’t drink and drive, Don’t drive w/o valid license & insurance, Don’t refuse chemical test, Don’t possess or consume alcohol or be in places where alcohol is the chief item of sale, Search & Seizure and drug terms if applicable.

Possible formal probation, Ignition Interlock Device (IID) on vehicle.

            Jail Time: 

The time ordered can be from 30 to 75 or more days based on the alcohol level.  BAC up to .14% is 30 to 39 days, BAC of .15% to .19% is 40 to 59 days, BAC of .20% to .29% is 60 to 74 days and .30% and above is 75 or more days.

 

Common Sentence Enhancements and additional time:

            Refusal of chemical test; 20 days

            Minor in car; 20 days (possible parenting classes)

Speed / Reckless driving; 60 days minimum

Non-injury accident; 20 days  

*1/2 the time ordered has to be served in actual jail.  The balance can be done on alternative sentencing.

           

Court Fines:

                        Approximately $2500.

            DUI School:

                        The court will order the SB38 18 month DUI school.

*For anyone under 21 years of age, the guidelines call for search and seizure, not possess or consume alcohol or be in places where alcohol is the chief item of sale, 20 hours of community service and a one (1) year CDL suspension.

 

Penalty for 3rd Offense DUI  21 and Older 

           

5 years formal probation

Standard terms; Obey all laws, Don’t drink and drive, Don’t drive w/o valid license & insurance, Don’t refuse chemical test, Don’t possess or consume alcohol or be in places where alcohol is the chief item of sale, Search & Seizure,

Ignition Interlock Device (IID) on vehicle, Habitual Offender Status with 3 year CDL revocation.

*Possible 10 year CDL revocation can be ordered by the court under CA VC§23597.  The court will consider:

            1) Level of remorse

            2) Period of time since convictions

            3) BAC

            4) Participation in alcohol treatment program

            5) Risk to traffic or public safety

            6) Ability to install an IID in any vehicles owned or operated

           

            Jail Time: 

The range is from 180 to 365 days.

Common Sentence Enhancements and additional time:

            Refusal of chemical test; 30 days

            Minor in car; 30 days (possible parenting classes)

Speed / Reckless driving; 60 days minimum

Non-injury accident; 30 days 

 

*No alternative sentencing, unless the probation officer authorizes a residential treatment program to satisfy no more than ½ the sentence.

            Court Fines:

                        Approximately $3000.

            DUI School:

                        The court will order the SB38 18 month DUI school.

*For anyone under 21 years of age, the guidelines call for search and seizure, not possess or consume alcohol or be in places where alcohol is the chief item of sale, 20 hours of community service and a one (1) year CDL suspension.

Penalty for 1st Offense DUI  with Injury 21 and Older (if charged as Misdemeanor)  

           

3-5 years informal OR formal probation

Standard terms; Obey all laws, Don’t drink and drive, Don’t drive w/o valid license & insurance, Don’t refuse chemical test

Possible additional terms; Don’t possess or consume alcohol, Search & Seizure and drug terms if applicable

            Jail Time: 

                        Generally not less than 30 days with some in custody time.

Common Sentence Enhancements and additional time:

            Refusal of chemical test; 10 days

            Minor in car; 30 days

Speed / Reckless driving; 60 days  

            Court Fines:

                        Approximately $3000.

            DUI School:

The court will order a 3 or 9 month DUI school.

*DMV will suspend the CDL for one (1) year with no possibility of restriction.

*For anyone under 21 years of age, the guidelines call for search and seizure, not possess or consume alcohol or be in places where alcohol is the chief item of sale, 20 hours of community service and a one (1) additional year CDL suspension. 

Penalty for 2nd Offense DUI  with Injury 21 and Older (if charged as a Misdemeanor) 

           

4-5 years formal probation

Standard terms; Obey all laws, Don’t drink and drive, Don’t drive w/o valid license & insurance, Don’t refuse chemical test, Don’t possess or consume alcohol or be in places where alcohol is the chief item of sale, Search & Seizure, Ignition Interlock Device (IID) on vehicle, possible treatment program and drug conditions if appropriate.

            Jail Time: 

The minimum time ordered will be 120 days, some or all of which may be in custody.

Common Sentence Enhancements and additional time:

            Refusal of chemical test; 30 days

            Minor in car; 30 days (possible parenting classes)

Speed / Reckless driving; 60 days minimum

Court Fines:

                        Approximately $3000.

            DUI School:

                        The court will order the SB38 18 month DUI school.

*For anyone under 21 years of age, the guidelines call for search and seizure, not possess or consume alcohol or be in places where alcohol is the chief item of sale, 40 hours of community service and a one (1) additional year CDL suspension.