2005 California DUI Sentencing Laws
The California Legislature passed a number of laws that impact people who are convicted
of DUI, on or after September 20, 2005. These new laws govern the sentencing of
a person subjected to DUI conviction.
One of the changes that the 2005 legislature introduced was a restriction on the
driver’s license for a first time DUI offender. This law also included the possibility
of subjecting a first time offender to an ignition interlock system that test your
BAC (breath test measurement of your blood alcohol) before allowing your vehicle
to start. Another new device that can now be imposed by judges because of the 2005
legislation is the SCRAM device. SCRAM is a GPS device and alcohol detector that
DUI offenders must wear around their ankles that reports not only their location,
but also their blood-alcohol content (BAC) level by measuring their sweat. Another
change that this new legislation introduced is the level of blood alcohol required
for a judge to order someone to attend an alcohol education program. The 2005 law
changed the level from .20 % to .15% BAC.
A further modification implemented by the 2005 law changeaffects California Drunk
Driving offenders who decline probation. Now, first-time DUI offenders who refuse
probation obtain a mandatory jail sentence of 96 hours, of which 48 hours are required
to be served continuously, with the outstanding 48 hours to be attended within a
six-month period. While there isn’t a mandatory jail sentence requirement for California
Drunk Drivers who accept probation, a judge can still choose to send them to jail
anywhere from 48 hours on up to 6 months (as an additional condition of probation).
Second-time DUI offenders who accept probation face 10 days to 1 year in jail. However,
second-time DUI offenders who decline probation face a minimum jail sentence of
90 days and a maximum of one year. It is worth noting that a person convicted of
a California Driving Under the Influence (DUI) charge who are sentenced to one year
may be able to serve their sentence in a work-release program or other alternative
sentencing program instead of jail.
Most Significant Change in California DUI Law
The most notablemodification made with the 2005 legislation is that California courts
no longer have the power to suspend or restrict a driver’s license of a person convicted
of DUI in California. Under the old law, courts could impose license suspension,
while the DMV would actually suspend the individual’s license. The2005legislation
gives that authority only to the DMV to suspend driving privileges either through
the DMV Administrative per se hearing or because of a DUI criminal conviction in
a state or federal court.
The legislature continually modifies or updates the laws governing the sentencing
of DUI Offenders. It is therefore imperative that someone charged with a DUI in
California should hire a DUI Lawyer with the experience and knowledge to handle
the case.
If you or a loved one have been charged for a DUI in Orange County, then contact
the law offices of Coffey and Coffey. We deal exclusively with DUI and other criminal
charges in Orange County. We do not try cases in other counties, and we do not try
cases in other practice areas. We interact with the orange county DUI court every
single day.We know the judges and the D.A.’s. And we keep up with the laws that
affect DUI’s in California. Call us and talk to the attorney directly. Come in for
a free consultation and together, let’s plan the best possible defense for your
case. Call us at (800) 706-7888.