EL Dorado County DUI Penalties

The following are the minimum and maximum penalties for convictions of driving under the influence:

1st Offense

Minimum of two days jail; Maximum six months jail
Minimum fine = $390; Maximum $1,000 + Penalty Assessments

DUI school
3-5 years probation

What to expect in El Dorado County:

On a first offense in El Dorado, in my experience, assuming there are no enhancements on special circumstances, one can generally expect two days, but these days can be completed through alternative sentencing. It does not have to be done in jail. El Dorado County will also allow for the time spent in custody to count towards the two days, and if you were booked in jail before midnight and released after midnight, it is possible to get credit for two days, and thus be completely time served.

You can also expect a significant fine, generally around $2000, and four years of summary probation. In summary probation you do not have a probation officer or anything to that extent. You are simply given some conditions, such as maintaining SR-22 insurance for your driver’s license to be valid and not being able to drive with any measurable amount of alcohol for the four year period.

The DUI School depends on negotiations and your blood alcohol level. If your blood alcohol level was at or above a .20, the court will want you to complete a 9 month Alcohol Education Program. If it was below a .20, the court will only require a 3 month school. It is not uncommon though, for the court to simply tell you to enroll through the DMV and satisfy whatever requirements they have. The reality of the DUI program is that in order to get a driver’s license again, the school needs to be completed.

2nd Offense

Minimum of 4 days in jail; Maximum of one year in jail
Minimum fine = $390; Maximum fine = $1,000 + Penalty Assessments

DUI school – 18 months
3-5 years probation

What to expect in El Dorado County:

On a 2^nd offense, the penalties obviously will increase. Whether you actually serve time in custody or be given the opportunity to complete alternative sentencing depends on several factors. The facts of your case, your criminal record, and how recent the prior conviction was. Keep in mind that the “look back” period in California is 10 years. Therefore, if the prior was 9 years ago, it will be much better than a prior that was within the last five years. If you are still on probation for the prior conviction, it adds further complications to your case and the disposition of the case. But alternative sentencing is still possible.

On a 2^nd offense DUI conviction, assuming the California DMV also is considering it a 2^nd offense, the court and the DMV will require an 18 month Alcohol Education Program. This is required for every 2^nd offense throughout California; it is not simply an El Dorado County policy. One can expect 5 years of summary probation, not formal probation. One can also expect a sizable fine between $2000-3000.

3rd Offense

Minimum 120 days jail; Maximum one year jail
Minimum fine = $390; Maximum fine = $1,000 + Penalty Assessments.

DUI school – 18 months or 30 months
3-5 years probation

What to expect in El Dorado County:

Once again, it is potentially possible to obtain alternative sentencing on the custody portion, but it will be rare. It should be a five year summary probation scenario still, since a 3^rd DUI is still a misdemeanor. 3^rd DUI cases require an experienced attorney. This is where residential rehabilitation might become an option; your Placerville DUI Lawyer really needs to look in to the validity of the prior convictions, and whether they can actually be used against you. As discussed earlier in regards to 2^nd DUI’s, if you are still on probation for one or both of the prior convictions, it also complicates matters. Retaining counsel is highly advised.

El Dorado County DUI Attorney Michael Rehm is available for free consultations at (530) 410-6474

Southern California Website:

San Diego Accident Attorney

San Rafael Personal Injury Attorney