The following is a basic summary of penalties for DUI cases in Ventura County. Ventura County differs from most other counties in California with respect to DUI penalties. The following summary is merely a guide and your actual penalties may differ from that which is set forth below depending upon the facts of your case, your record (if any), the judge your case is before, and any recent policy changes that may have gone into effect since this summary was published. As such, to determine the actual penalties in your case, consult with the Law Offices of Farley & Cassy.

48 hours in jail (Potential additional jail time if the court case isn’t resolved by third court appearance. 48 to 72 hours jail if you were involved in an accident.)

• Alcohol school for three months (nine months alcohol school if your blood alcohol level was .15% or higher.)

• License penalties: Following a DUI arrest, there are two ways in which your license can be suspended: (1) pursuant to an administrative action by DMV prior to being convicted, and (2) as a result of a DUI conviction. Administrative action: If you were 21 or older when arrested for a DUI, it is your first offense and your blood alcohol level is .08% or greater, DMV will seek to suspend your license up to four months or give you the option of a 30 day suspension followed by a five month restricted license. In order to convert the four month suspension to a 30 day suspension, you must get enrolled in alcohol school no later than 10 days after your suspension begins and have your insurance company provide DMV with proof of insurance (SR-22), pay the $125.00 DMV reissue fee, and then apply for a restricted license at the DMV. The reason you cannot delay in getting enrolled in alcohol school is that it takes them approximately two weeks to transmit your enrollment to DMV. Until DMV receives proof that you are enrolled in alcohol school they will not give you your license back. If you have not resolved your court case at the time DMV imposes a suspension, in order to enroll in alcohol school you will have to go to DMV first and obtain an H6 printout of your driving record and provide that to alcohol school. If we are able to win your DMV hearing, your license will not be suspended but if you are convicted of the DUI you will still have a six month restricted license. If it is alleged that you refused to voluntarily submit to a chemical test, the suspension period for a first offense is one year. Mandatory action as a result of a DUI conviction: Following a conviction for a first time DUI, with an offense date of 9/20/05 or later, DMV will impose a six month suspension which can be converted to a six month restriction by providing DMV with proof that you are enrolled in alcohol school, proof of insurance (SR-22), and paying a $55.00 reissue fee. *If you lose your DMV hearing, you must settle your case within 30 days of when your license suspension goes into effect, otherwise your license will be restricted for 5 months following your court conviction. If you have a commercial licence (class A) a DUI conviction will mandate a one year suspension of your class A license.

 

• Within two days of when your court case is resolved, i.e., your plea and sentencing date, you must get enrolled in alcohol school, have your insurance company provide DMV with proof of insurance (SR-22), and go to DMV and pay a reissue fee of $55.00, or your license will be suspended. This is separate from the $125.00 fee paid after your DMV ruling. To be prepared to do this, you should contact your insurance agent at least 10 days in advance and ask your agent to electronically transmit an SR-22 form to DMV.

If you live out of state and therefore cannot complete the required alcohol school in California, if convicted, the court will suspend your privilege to drive in California for six months. In order to terminate this suspension after six months, you must provide California DMV with an Out of State resident form (DL4006) and declaration of insurance (DL4007). If you do not provide California DMV with those forms your suspension will remain in effect, and therefore there will be a "hold" on your license in all States.

30 days in jail (40 days if BAC of .15% or more, or if involved in an accident, or if there are "out of time" priors. An additional 15 days will be added if there is a violation of probation.)

30 days in Work Furlough (40 days if BAC of .15% or more, or involved in an accident, or there are "out of time" priors. An additional 15 days will be added if there is a violation of probation.)

Alcohol school for 18 months. (Potentially more if .15% or higher.)

Probation for 60 months

Court fines and fees totaling approximately $2,800.00, payments are available.

As a condition of probation, you will be prohibited from consuming alcohol and have to submit to a search for alcohol.

Effective 9/20/05, following a conviction for a second time DUI, DMV imposes a mandatory two year suspension. Although this is separate from the administrative suspension penalty, the administrative suspension time is supposed to count toward the suspension period that is imposed following a conviction. After 12 months, you may be eligible to convert the suspension to a restricted license by providing DMV proof that you are enrolled in the second offender alcohol school, proof of insurance (SR-22), and pay a reissue fee.

You will have to install an ignition interlock device in your vehicle(s) for one year.

If you have a commercial licence (class A) a second DUI conviction within any period of time will mandate a permanent loss of your class A license.

1. Jail Time

If you are going to serve jail time, you must select your remand date and inform the judge and your attorney prior to your sentencing date. The judge will usually allow you to request a remand date up to four weeks ahead of your sentencing date. You can pick any day of the week but the time should be either 7 a.m. or 7 p.m. If you are convicted and given jail time, you must turn yourself in at the Sheriffs Dept (Main Jail) on the date and time given..

After choosing a remand date, it can only be changed by going back to court and asking the judge. It’s in the judge’s own discretion whether to agree to the date change.

2. Work Release.

If given work release, you must enroll into the program within five (5) days from the time the case was resolved. To enroll, you must begin this process by going to Rm. 205 in the Hall of Justice (courthouse across the street).

To begin work release, you must pay an initial fee of $148, and a subsequent fee of $36 per day.

Work release can be done on the weekend, however, one day must be done during the week. You can complete a minimum of one day per week until the court’s requirement is met.

You cannot transfer work release to another county or state.

3. Work Furlough

If given Work Furlough, similarly to jail time, you must give a remand date to your attorney prior to being sentenced. You can pick any Monday through Friday but the remand time must be at 7 a.m. The date must be at least three weeks after you are sentenced, i.e., plea, so that you can be approved for furlough. Keep in mind that the first day in Furlough you will not be able to work, they will keep you there.

When your case is settled, if you are approved for furlough, you must begin enrollment by going to the Probation Dept. which is in the Sheriffs building (Main Jail). From there, the probation agency will give you a Work Furlough packet that you must complete and return. They will also set an appointment either in person or over the phone to discuss whether they accepted you into the program. If you do not complete this packet and return it to probation within one week of when your case is settled you may not be approved for furlough, and may have to do straight jail time.

After choosing a remand date, it can only be changed by going back to court and asking the judge. It’s in the judge’s own discretion whether to agree to the change.

To begin Work Furlough, you must pay an initial administration fee of approximately $140 and subsequently pay $64 per day.

There are specific guidelines that you must meet to be accepted into Work Furlough which includes but is not limited to the following: working no more than 10 hours per day and no less than 24 hours per week, cannot be self-employed (cannot work out of the home), work within the Work Furlough boundaries.

If furlough is approved, you Must turn yourself in to the main jail on your remand date at 7am. You will stay overnight at the main jail and be released the following morning. Plan to have a suitcase packed ahead of time, and have someone pick you up, (bringing your suitcase), and transport you to the furlough program in Camarillo.