DUI In California

Reader’s Question:

What are the usual Court penalties for a third offense California DUI?

Olive

Thank you for asking Olive.

The penalties imposed by the court for a California DUI conviction differ considerably depending on different factors like the facts of the case, whether there are any prior convictions for DUI, and the defendant’s individual circumstances. Factors that increase penalties and result in county jail time may include prior convictions, a traffic accident, a high blood or breath alcohol content, excessive speed combined with reckless driving, refusal to submit to a chemical test or the presence of young children in the vehicle. Additionally, penalties can differ from county to county and from court to court. Some counties routinely impose jail time even on a first-time California DUI conviction with none of the referenced aggravating factors.

The maximum penalties include probation, a fine, a 30 month alcohol education program, a two year license suspension and one year in county jail. In addition to the probation, fines and alcohol programs that may be imposed , a third offense conviction mandates minimum county jail time of 120 days up to one year in custody. There can also be a license revocation for three year.

Goodluck!

MariCAR

Reader’s Question:

What is a “Wet Reckless” in San Diego California?

George.

San Diego CA

Thank you for asking George.

Reckless driving is a misdemeanor in San Diego California and it carries penalties of informal probation, a fine and the possibility of up to 90 days county jail. Depending on the facts, this violation can be negotiated as an alternative to a California DUI conviction in the settlement process. An offense for “wet reckless” and dismissal of DUI charges can be a hard-fought victory and it depends on the circumstances. Your drivers license may also get suspended.

There is a difference between a “dry” and a “wet” reckless. The term “wet” or “dry” denotes if alcohol was involved in the commission of the violation. Typically an offense for a “wet reckless” will require the completion of a 12 to 32 hour alcohol education program, depending on the circumstances. In addition to that, a “wet reckless” is still considered a “prior conviction” for San Diego California DUI charging purposes, so that if an individual is convicted of another DUI in the next 10 years, the penalties will be increased as if the defendant has had a prior conviction for a California DUI. You may speak with an experienced lawyer regarding this to get more information.

Goodluck!

MariCAR