2ND OFFENSE
SENTENCE:
|
IF NO PROBATION
|
| These penalties apply to a conviction of V.C. Sec. 23152 if you have either: |
| (1) A separate conviction of V.C. 23152, or 23153, 23102, 23105 or 23106 which took place within seven years of the new offense or |
| (2) You have a new separate conviction of 23103 under 23103.5 which occurred on or after January 1, 1982, and within 7 years of the new offense. |
| JAIL: |
Minimum of 90 days, maximum of one year. |
| FINE: |
Minimum of $390.00 (plus mandatory penalty assessments) to maximum of $1,000.00 (plus mandatory penalty assessments. |
| LICENSE: |
Suspended for 2 years. VC13352(a)(3) |
| TREATMENT PROGRAM: |
None required; however, DMV will not reinstate license until proof of completion of a treatment program. VC13352(a)(3) |
| |
|
| -or- |
| |
|
2ND OFFENSE
SENTENCE:
|
PROBATION GRANTED |
If you are placed on probation
one of the following two sentences may be imposed:
|
| (Option A) |
| JAIL: |
Minimum of 10 days, maximum of one year. |
| FINE: |
Minimum of $390.00 (plus mandatory penalty assessments) to maximum of $1,000.00 (plus mandatory penalty assessments). |
| LICENSE: |
Suspended for 2 years. VC23351(a)(3) |
| TREATMENT PROGRAM: |
None required; however, DMV will not reinstate license until proof of completion of a treatment program. VC13352(a)(3)
|
| (Option B) |
This option is not available if you willfully refused
or failed to complete a chemical test. VC23577(a)(1)
|
| JAIL:
| Minimum of 96 hours to be served in two increments of 48 continuous hours to one year in jail. The two increments may be served non-consecutively. |
| FINE: |
Minimum of $390.00 (plus mandatory penalty assessments) to maximum of $1,000.00 (plus mandatory penalty assessments). |
| LICENSE: |
You may obtain a license with verification that proof of insurance has been provided to the DMV by an insurance company, the license is restricted to travel to and from work and within the scope of employment or attendance of alcohol or drug program for duration of program. Such proof of insurance must be maintained for three years. At anytime during the three years period, if the proof of insurance is not maintained, the DMV will suspend driving privilege until such proof is provided. If the offense occurred in a vehicle that requires a Class A or B driver's license, your driver's license will be suspended for 2 years. |
| TREATMENT PROGRAM: |
Your participation would be required in either an 18-month or a 30-month treatment program approved pursuant to chapter 9, Part 2, of Division 10.5 of the Health and Safety Code. No credit may be given for any program activities completed prior to the date of the offense charged. |
| VEHICLE IMPOUND: |
If the offense occurred within 5 years of a prior DUI conviction and if the vehicle used in the violation is solely registered to the defendant, the vehicle shall be impounded at the defendant's expense for not more than 30 days, except in an unusual case when the Court finds the interest of justice would be served by not ordering impoundment. |
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