Every DUI charge comes with minimum and maximum sentences by law. However, it is extremely rare that the maximum is given, especially on a 1st or 2nd Offense. Legally, the minimum is 48 hours jail and the maximum is 6 months in jail on a first offense. Legally, the maximum on a 2nd or 3rd Offender is one year in jail. Legally, the minimum on a 2nd Offense is 90 days jail, and the minimum on a 3rd Offense is 120 days jail. What other statutes make clear though, is that “jail,” is actually alternative sentencing, such as Sheriffs Work Project, ankle monitoring, or just general community service. Sacramento County has certain standards they go by in regards to each offense, but it is in no way a sure thing that your sentence will be the standard if you are convicted. Enhancements can always change the conditions of any sentence. So can the individual’s prior criminal record. Below is the normal sentence assuming no special circumstances apply to your case. On 2nd and 3rd offenses in Sacramento County, they will be ordering actual jail time, not alternative sentencing. There are potential ways around it, but it can be very difficult.
1st Offense DUI Sentence:
It is important to remember that these are the general guidelines the Court and the District Attorney are going to work with. Much of the above is actually negotiable, some consequences, like the DUI Program are unavoidable unless the defendant lives out of state. Having an experienced negotiator like Sacramento DUI Lawyer Michael Rehm can be the difference between a successful resolution and one that could be improved on.
Michael Rehm is available for free consultations at (916) 233-7346 or at his office by appointment. The Law Office of Michael Rehm is located at 2747 Riverside Blvd. Sacramento, CA 95818