Available for free consultations 24/7 at (916) 233-7346
PLACER COUNTY DUI PENALTIES
Roseville DUI Lawyer – Michael Rehm
The following penalties are not ensured. Every case has unique facts that determine specifically what the sentence will be. Placer County is one of the more conservative counties in the entire State, and certainly the most conservative in the Sacramento Metro Region. Keep in mind that even a multiple offender case can be reduced to a lesser charge, including a “wet reckless.” The penalties below are based on my experience as an attorney practicing in Placer County.
(1)1st Offense DUI —
a. Time – There is a minimum of 48 hours in jail. The normal sentence is between 2- 10 days of jail. The reality is that the jail sentence can generally be served through one of Placer County’s jail alternatives, including work release and electronic monitoring.
i.Note that in some circumstances, Placer County is not opposed to credit for the time in custody after arrest to apply to the custody time. In other words, if you were booked before midnight and released the next day, you can possibly get credit for two days towards the jail time, which on a sentence of 2 days jail, would be completely time served.
b.Fine – generally between $1500 and $2000 once you add up all the different fees and costs the court assesses.
c.DUI School – Depending on your blood alcohol level, it can range from a 3 month program for those under a .20, and a 9 month school for those .20 or over.
d.Probation – Informal Probation for 3 years. Informal probation is exactly as it sounds: informal. You will not have a probation officer or anything to that extent. There are four specific terms you need to follow:
i.Zero Tolerance: You cannot drive with any measurable amount of alcohol in your system.
ii.You do not have the right to refuse a chemical test.
1.Whether you have that right in the first place is arguable.
iii.You must maintain valid insurance in order to have a valid license.
1.You will be required to obtain auto insurance, specifically SR-22 auto insurance. You will be required to maintain SR-22 insurance if you want a valid license, for three years.
a.If you at any point within the three years of probation suffer a lapse of coverage with SR-22 auto insurance, your license will automatically be suspended.
iv.Obey all laws – a catch all provision the court imposes.
(2)2nd Offense DUI –
a.Time – By statute, 96 hours of custody time are required, although that time can also be satisfied on a jail alternative.
i.Generally, in Placer County, the standard offer on a 2nd Offense DUI is anywhere between 30-60 days of jail.
1.This is normally split between custody and a jail alternative.
2.This means that the District Attorney normally will insist on at least 15 days of actual custody time.
b.Fine: Between $1500 and $3000 after all the fees and costs are added up.
c.DUI School –18 month DUI School
i.It is generally once a week for the first 12 months, the next 6 months is once a month.
d.Probation – up to five years’ probation. This can be either informal or formal probation.
i.In certain circumstances, Placer County will actually impose formal probation on a 2nd Offense DUI.
(3)3rd Offense DUI –
a.Time: 6- 12 months in custody. A large chunk of this can potentially be served on alternative sentencing, but Placer County, as one of the more conservative areas, is extremely tough on 3rd Offenses.
b.Fine: Same as a 2nd Offense
c.DUI School: same as 2nd Offense
d.Probation – same as 2nd Offense, but much more likely to be formal probation.
(4)Felony DUI – either because it is a 4th or more offense, or a DUI with injury:
These cases can come with a state prison commitment. These are extremely serious matters that require the assistance of a skilled Placer County DUI Attorney.