DUI Sentencing in San Diego County, California

What Are the Penalties for a DUI in San Diego?

In California, DUI penalties range from fines and probation to jail and license suspension. The severity depends on your record, BAC (Blood Alcohol Content), and whether anyone was injured. Regardless of the specific charge, all DUI offenses carry a fine of $390 to $1,000 in fines (plus a 180% penalty enhancement).

The maximum criminal penalties for California DUIs are listed in the chart below. However, few people serve a maximum sentence. “Most of my first-time clients are able to avoid jail time,” says attorney Peter Liss. To learn more about the specific charge, click on the offense name.

Unlike other criminal charges in California, DUIs carry both criminal and administrative penalties, including DMV license suspensions, vehicle impoundment, and the mandatory use of an ignition interlock device. These administrative penalties may be implemented separately from the criminal penalties.

DMV penalties for DUI charges start with the immediate seizure of a driver’s license and issuance of a temporary license after the suspect either refuses a chemical test or fails a blood or breath test. Drivers have only 10 days to request a hearing to challenge a DUI license suspension, or the California DMV will automatically suspend their driving privileges.

Better Understanding DUI Consequences in California

Driving under the influence charges carry many consequences beyond jail time and fines. Here’s what to know about the specialized penalties that apply to DUI charges:

Mandatory DUI Programs

Anyone convicted of driving under the influence in California is required to complete a DUI program (alcohol education course) as part of their sentence. The length of these programs varies based on the charge. For example, first-time offenders must attend a 3-month class, while repeat offenders must attend a DUI class for 18-36 months.

Note that these courses are not the same as MADD Victim Impact Panel (VIP) programs, which may be required as part of your probation or plea deal.

Learn more about these classes on our dedicated DUI program page.

Ignition Interlock Device (IID) Requirements

“An Ignition Interlock Device operates similarly to a Breathalyzer, only it prevents a vehicle from operating when it detects any alcohol,” explains Liss. If you have one in your car, you will have to provide a breath sample to start your vehicle and another sample during your trip to ensure no one else supplied the sample used to start the car.

California law requires anyone convicted of an alcohol-related DUI resulting in severe bodily injury or a second or subsequent DUI offense to install an IID. Judges have the discretion to require them for first-time offenders as well. Additionally, most drivers can qualify for a restricted license immediately upon installing an ignition interlock device. Individuals who refused a chemical test or are accused of driving under the influence of drugs cannot bypass their license suspension through the use of an IID.

While drivers ordered to install an ignition interlock device must pay for installation and maintenance, California has a program that covers a portion of the costs for those living below the federal poverty line. On average, ignition interlock devices cost $2.50 per day and $75-100 for the initial installation, plus fees for calibration and maintenance, which must be performed every six months.

Vehicle Impoundment After a DUI Arrest

After a DUI arrest, police may impound a vehicle if the suspect cannot get someone to drive the car home or leave it in a legal, safe place. “In most DUI cases, your car will be immediately available for release once you pay the tow and storage fees,” says attorney Liss. “These fees can quickly add up to hundreds or thousands of dollars, so you should retrieve your vehicle as soon as possible.”

In cases involving felonies or hit-and-runs, the vehicle may be held as evidence or be placed under a hold by the detective assigned to the case. Sometimes, police will place a hold on the car until they get a statement from the owner because the driver’s identity is still in question, and they hope to obtain an incriminating statement. “If a hold is placed on the vehicle, the owner should immediately hire a lawyer,” says Liss. “I get cars released all the time without my client making any statements to the police.”

While rare, the judge has the discretion to order your vehicle to be impounded as an additional criminal penalty. If you have had three or more DUIs in seven years, the judge may even rule that your vehicle is a public nuisance and order it to be sold. These sentences are not mandatory, and a DUI defense attorney may be able to help you avoid these consequences.

Note that a 30-day vehicle impoundment is a mandatory penalty in cases involving driving on a suspended license charges. 

SR-22 Insurance Requirements

Before you can get back on the road after getting a DUI, you must obtain SR-22 insurance. This special high-risk insurance costs far more than regular insurance, and you must maintain the policy for three years or your license will be suspended again.

Learn more about SR-22 insurance here.

Enhanced DUI Penalties

Some aggravating factors can result in increased DUI sentences, including:

Judges may also institute additional penalties at their discretion in these cases, including:

• lengthier jail sentences
• increased fines
• extended license suspension
• longer probation periods and stricter probation terms
• mandatory installation of an ignition interlock device
• residential treatment
• community service,
• attendance at a MADD VIP program
• compulsory AA meetings
• mandatory use of an alcohol monitoring bracelet

To learn more, visit our page on DUI enhancements.

Probation and Jail Alternatives

“Most first-time DUI offenders in San Diego are sentenced to probation with no jail time,” explains Peter Liss. Probation is also available for repeat DUI offenders and those who caused injury or death; however, most of these individuals will still be sentenced to spend at least some time in jail.

In California, DUI probation lasts three to five years, but for those who negotiate the charges down to wet reckless, probation will only last a year. Terms of DUI probation vary from case to case, but typically you:

• Cannot drive with ANY alcohol in your system
• Must submit to a PAS breath test or any other chemical test
• Are required to complete your DUI programs
• Must pay all court-ordered fines

Additionally, judges in San Diego courts regularly order defendants sentenced to probation to:

• Wear a SCRAM alcohol monitoring device
• Spend time performing community service
• Attend an alcohol or drug treatment program
• Install an IID

Alternative sentences, such as alcohol or drug rehabilitation programs, work furlough, counseling, and electronic monitoring under house arrest, are usually only available as part of a DUI plea bargain. These options allow offenders to avoid jail time as long as they plead guilty to at least one criminal charge.

“Whether or not you can receive DUI probation or alternative sentencing in Vista depends on the circumstances of your particular case and the prosecutor and judge assigned to the case,” Liss says. You are more likely to avoid jail time if your defense lawyer presents a strong defense on your behalf.

Learn about the most common defense strategies for obtaining alternative sentencing in DUI cases here.

Collateral Consequences of a DUI Conviction

Aside from criminal and administrative penalties imposed in California, those convicted of DUI may face additional consequences, including:

• Possible employment issues if the position is related to driving
• Difficulty or inability to visit some countries, including Canada
• Immigration consequences for non-citizens
• Loss of firearm rights in felony cases

Having your DUI expunged can help relieve you of some of these consequences. However, because the DUI will remain on your DMV record, it will continue to affect your insurance rates and count as a prior charge.

How an Experienced Vista DUI Lawyer Can Help

While every case is different, an attorney familiar with San Diego County’s Courts, judges, police, and prosecutors is most likely to secure minimal charges and penalties. Peter Liss has 40 years of experience fighting DUI charges, negotiating plea bargains, and securing alternative sentences for his clients.

Don’t wait to protect your future. Facing DUI charges? Call (760) 643-4050 now to schedule a free initial consultation with Vista DUI attorney Peter M. Liss.