Collision or Accident
Sentences in Orange County depend on accident type, injury, blood alcohol level, fault, and additional factors.
If the accident results in property damage, the DUI driver will be responsible for restitution (the cost of repairing or replacing property) and may face fines, classes, community service, or CalTrans labor, or jail in addition to the other panoply of sentencing consequences faced in non-collision cases.
The case can elevate from a misdemeanor to a felony offense if someone other than the driver is injured. These charges depend on the injury severity, number of victims, accident type, prior driving record, and blood alcohol level.
If a DUI driver is at fault for a death as the result of an accident, the driver may be charged with murder or manslaughter and can serve years in prison.
A speed enhancement will be charged for traveling 20 miles or greater over the posted speed limit on a highway, or 30 miles or greater over the speed limit on a freeway. This results in a minimum additional sentence of 60 days in county jail.
Minor in Vehicle
The prosecution can add a sentencing enhancement or a separate criminal charge if the DUI driver has a person in the vehicle 14 years of age or younger. This enhancement can add jail, one year of parenting classes, and various other additional consequences.
High Blood Alcohol Levels
Prosecutors demand a six month alcohol education class for a DUI with an alleged BAC of 0.15% to 0.19% and a nine month class in cases where the BAC is alleged to be at or above 0.20%.
After serving the minimum suspension period, the driver may receive a restricted driver’s license (work permit) while attending the classes and will not have full driving privileges reinstated until completion of the course.
If a nine month alcohol education program is ordered by the court, DMV imposes a ten month suspension/restriction period.
Refusal to Take a Chemical Test
The DUI driver’s refusal to take a legally-mandated blood or breath test can result in an enhanced jail sentence and a one-year license suspension without the ability to obtain a work permit.
Violation of Probation
If an individual is subject to the court probation in connection with a previous offense, the new arrest is likely to trigger probation violation proceedings in which the individual stands to receive any punishment, up to the statutory maximum, that was not imposed at the time of sentencing in the previous case. The maximum is not ordinarily imposed in DUI cases in Orange County, but custody
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The consequences of resisting arrest, false information to peace officer, hit and run, and other related allegations depend on the specific facts of each case.