Practice Areas

• Homicide
• Violent Crime/Felony
• White Collar Crime
• Juvenile Defense/Youthful Defenders
• Misdemeanor Offense

Blog

News

Library

Imprisonment in the County Jail is Punishment in California for DUI

Many people see movie stars - like Lindsay Lohan or Charlie Sheen - smiling and laughing while defending themselves from charges of drunk driving on TV and in the tabloid press. But in California, driving under the influence (DUI) is a serious criminal offense, not a Hollywood lifestyle choice, and can land you in the county jail if you're convicted.

According to the California Vehicle Code Section 23536, the statute which governs DUI cases, a person convicted for the first time of driving under the influence "shall be punished by imprisonment in the county jail for not less than 96 hours, at least 48 hours of which shall be continuous, nor more than six months and by a fine of not less than three hundred ninety dollars ($390), nor more than one thousand dollars ($1,000)."

The law, passed by the General Assembly and signed by the Governor, gives the court some flexibility as to the timing of the imprisonment, giving judges leave to imprison them "on days other than days of regular employment of the person," as determined by the court.

But, the law states that, "if the court determines that 48 hours of continuous imprisonment would interfere with the person's work schedule, the court shall allow the person to serve the imprisonment whenever the person is normally scheduled for time off from work. The court may make this determination based upon a representation from the defendant's attorney or upon an affidavit or testimony from the defendant."

Spending a few days in jail is not the only punishment that those convicted of a DUI can face in California. The person's driving privileges will be suspended by the California Department of Motor Vehicles, and the person will have to surrender their license to the court.

There are some other parts of the law that drivers should know about in California. For example, if convicted of drunk driving, you may be sentenced to a rehabilitation program for drug and alcohol abusers.

If you or a family member has been charged with DUI in Ventura, California, and the surrounding areas, you need the help of an expert criminal defense attorney. Contact us today at 1-805-643-5555. Call now. We're Bamieh & Erickson PLC and we have years of experience defending clients charged with DUIs in California. We can help you deal with the criminal justice system, a daunting prospect for most Californians. Call today.

Free Consultation