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| SPECIAL FACTORS WHICH MAY ENHANCE THE PENALTIES DESCRIBED BELOW If the blood alcohol of the motorist was .20 percent or above, if the motorist refused to submit to a chemical test, or if a child under 14 years of age was a passenger in the vehicle, the court shall consider that in determining whether to increase the penalties imposed on the motorist, whether to grant probation, or whether to impose additional terms and conditions of probation. If the motorist was under 21 years of age on the date of the offense, the driving privilege will be suspended or restricted for one year. If the offense involved reckless driving at excessive speed, additional jail time will be imposed. A future offense involving a person’s death or injury will result in more severe penalties than listed below. |
| FIRST CONVICTION: 1. Maximum: $1,000 fine plus penalty assessments as provided by law, 6 months in jail, suspension of driving privilege for 6 months, and vehicle impoundment at defendant-owner’s expense for 30 days. 2. Minimum Without Probation: $390 fine plus penalty assessments, 96 hours jail and suspension of driving privilege for 6 months. |
| SECOND OFFENSE WITHIN TEN YEARS: 1. Maximum: $1,000 fine plus penalty assessments, one year in jail, suspension of driving privilege for 18 months and vehicle impoundment at defendant-owner’s expense for 30 days. 2. Minimum Without Probation: $390 fine plus penalty assessments, 90 days in jail, suspension of driving privilege for 18 months, and vehicle impoundment at defendant-owner’s expense for between 1 and 30 days. |
| THIRD OFFENSE WITHIN TEN YEARS: 1. Maximum: $1,000 fine plus penalty assessments, 1 year in jail, revocation of driving privilege for 3 years*, and vehicle forfeiture or impoundment at defendant-owner’s expense for 90 days. 2. Minimum Without Probation: $390 fine plus penalty assessments, 120 days in jail, revocation of driving privilege for 3 years, and vehicle forfeiture or impoundment at defendant-owner’s expense for between 1 and 90 days. * MUST SUCCESSFULLY COMPLETE 18-MONTH ALCOHOL/DRUG PROGRAM TO BECOME ELIGIBLE FOR A CALIFORNIA DRIVER’S LICENSE. DRIVER TO BE DESIGNATED AS “HABITUAL TRAFFIC OFFENDER.” |
| FOURTH OFFENSE WITHIN TEN YEARS: 1. If convicted as Felony: Maximum of 3 years in State Prison, followed by parole supervision, fine of $1,000 plus penalty assessments, revocation of driving privilege and vehicle forfeiture or impoundment. 2. If convicted as Misdemeanor: Maximum of I year in jail, $1,000 fine plus penalty assessments, revocation of driving privilege and vehicle forfeiture or impoundment. |
| * MUST SUCCESSFULLY COMPLETE 18-MONTH ALCOHOL/DRUG PROGRA1VI TO BECOME ELIGIBLE FOR A CALIFORNIA DRIVER’S LICENSE. DRIVER TO BE DESIGNATED AS “HABITUAL TRAFFIC OFFENDER.” |
* You are hereby advised that being under the influence of alcohol or drugs, or both, impairs your ability to safely operate a motor vehicle. Therefore, it is extremely dangerous to human life to drive while under the influence of alcohol or drugs, or both. If you continue to drive while under the influence of alcohol or drugs, or both, and as a result of that driving, someone is killed, you can be charged with murder. NOTICE: THE DEPARTMENT OF MOTOR VEHICLES MAY BE REQUIRED BY LAW TO TAKE ADDITIONAL ADMINISTRATIVE ACTIONS AFFECTING DEFENDANT’S DRIVER’S LICENSE. THIS COURT HAS NO CONTROL OVER THOSE DMV ACTIONS. |