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DUI Charges Carry Severe Penalties

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DUI Penalties in Orange County

At the Law Offices of Virginia L. Landry, Inc., In Orange County and throughout California, driving while under the influence is taken extremely seriously with penalties that have the severity to match. These penalties, however, depend on the circumstances of the case, including past criminal record, blood alcohol concentration (BAC), and more. Below, we have outlined some of the most common penalties that defendants are facing in DUI cases, as outlined in California Vehicle Code Division 11.5 If you have experienced DUI penalties in Orange County, and would like to learn how we can protect your rights, call us today.

First DUI Offense

  • Driver’s license suspension for up to 4 months
  • Probation for 3 to 5 years
  • 3, 6 or 9 months of alcohol classes
  • Base fines or court fees of $390 to $1,000, and additional penalty assessments.
  • 0 to 6 months in county jail
  • IID requirements coming in 2019

Second DUI Offense (Within 10 Years)

  • Driver’s license suspension up to 2 years
  • 3 to 5 years of probation
  • 18 months of mandatory alcohol classes
  • AA meetings
  • Base fines of $390 to $1,000, and additional penalty assessments
  • 96 hours to 1 year in county jail
  • IID requirements

Third DUI Offense (Within 10 Years)

  • Driver’s license suspension for up to 3 years
  • Up to 5 years of probation
  • 18 months of alcohol classes
  • AA meetings
  • Ignition Interlock Device installed on defendant’s vehicle
  • 120 days to 1 year in jail
  • IID requirements

Fourth DUI Offense (Within 10 Years)

  • Felony charges
  • License suspension for up to 4 years
  • 18 months of mandatory alcohol classes
  • AA meetings
  • Incarceration in county jail or state prison

Enhanced DUI Penalties

There are a number of circumstances under which DUI penalties can be increased from the minimums in the state of California.

Factors That Can Enhance Penalties:

Additional Resources:

Contact us today if you have experienced a DUI penalty and need our expert team to help.


  • Will I Lose My Driver’s License?

As soon as you’re arrested for DUI the police will confiscate your driver’s license. At this time, you will be given a temporary license that is good for 30 days. You have 10 days from your arrest to schedule an administrative hearing with the DMV. This hearing is your opportunity to contest the suspension of your driver’s license. If the DMV representative presiding over the hearing rules in your favor, your license will be reinstated. However if you are found guilty, your license will remain suspended. It should also be mentioned that even if you are found not guilty during the hearing, you can still lose your driving privileges if you are found guilty during the criminal part of your case.

  • Will I Go to Jail?

Most people do not go to jail for a basic first-time DUI. That being said, there are certain factors that will definitely increase a person’s chances of being sent to jail, such as having multiple DUI arrests/convictions on your record, driving with a BAC of .15 or higher, driving with a child in the vehicle, or causing a serious or fatal accident.

The best way to avoid going to jail for a DUI is by contacting an experienced Orange County DUI lawyer who can ensure your case is aggressively defended.

  • What Are Some of the Other Dui Penalties I Could Face?

In addition to license suspension, common penalties for a DUI include probation, fines, community service, and mandatory participation in an alcohol education class.

  • Can I Expunge a DUI?

There are times when you might be able to have a DUI conviction expunged from your record. An experienced DUI attorney at our firm can provide you with more information about the benefits associated with expungements and record sealing.

  • Will I Lose My Job?

If you have a job that requires you to drive, your employer may feel you are no longer fit for that position. However, there is no law that says an employer must fire an employee who is arrested on DUI charges.


If you have been accused of drinking and driving, it is critical that you get the help of an experienced Orange County DUI defense lawyer to look out for your rights. At the Law Offices of Virginia L. Landry, we have helped people throughout Southern California challenge the charges that they are facing. We fight tirelessly to help clients reach the best possible outcome, whether charges are dismissed, penalties reduced, or even a “not guilty” verdict is won. To learn how we can help you fight to avoid serious penalties, get in touch today!

You Only Have 10 Days!

If you do not act immediately, you could lose your right to drive.

Your Future Is on the Line

When you are arrested for DUI, the arresting officer will confiscate your driver’s license and give you a “notice of suspension” that will serve as a temporary license. California law requires you to choose between a breath or blood test if lawfully arrested. 

If you failed to complete or declined/refused a breath test or blood test, the DMV will begin suspension proceedings starting on the 31st day after your arrest. 

You must contact the DMV within 10 days of your arrest in order to challenge the suspension of your driver’s license, or it will be suspended regardless of the outcome of your case. 

We handle making these arrangements for our clients.

The DMV hearing and your criminal case are two entirely separate parts to your DUI charges. Even if you are not found guilty of DUI, you could still lose your license depending upon how the DMV hearing goes. 

Your Orange County lawyer will be able to represent your interests in your DMV hearing to help ensure that you have the best chance at keeping your driving privileges. 

If keeping your license is important to you, you should speak immediately with an experienced Orange County DUI lawyer to discuss your options and to learn how your right to drive can be protected.

Contact Our Office Today

When you’re ready to talk, we’re ready to listen.

Call (949) 537-2202 for Your Free DUI Consultation

If you have been charged with DUI, you need to consult with a skilled DUI defense attorney immediately. The Law Offices of Virginia L. Landry has been representing clients charged with DUI in Orange County and surrounding counties since 1959. Attorney Virginia L. Landry knows that DUI charges demand prompt attention and that each DUI case should be carefully evaluated by an experienced lawyer. When it comes to successfully fighting your DUI charges, having a reputable DUI attorney on your side is crucial. At the Law Offices of Virginia L. Landry, clients receive the thoughtful legal counsel and aggressive defense they need to contest their DUI charges.

Call or fill out the online form to learn how Board Certified Attorney Virginia Landry can fight for you.