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.