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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