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 Attorney Charles Cassy. Please keep this with your records to refer to when uncertain of penalties and procedures.

Minimum Penalties for First Time DUI Offenders

• For a BAC of .07-.10, credit for time served if case is still in the arraignment stage at time of pleading. If post arraignment, 48 hours jail or 5 days work release.
• For a .11-.14, 48 hrs. jail or 2 days work release if still in arraignment stage. If post Arraignment, 5 days jail.
• For a .15-.19, 48 hrs. jail or 5 days work release for arraignment stage and 5 days jail if post arraignment.
• For a .20 + , 48 hrs. jail if still in arraignment stage. 10 days jail post arraignment.

• Alcohol school for three months if your blood alcohol level was .14% or below, and nine months alcohol school if your blood alcohol level was  .15% or higher. For .20 or higher installation of an interlock device will be required.

• Formal Probation for 36 months for all 1st offender DUI cases.

• Court fines and fees totaling approximately $2,800.00. (Payments can be arranged.)

• During the period of your probation, you cannot drive with any amount of alcohol in your system. ( If your BAC was .15% or higher, you will be prohibited from consuming alcohol, possessing alcohol on your person, your residence, vehicle, place of business, etc., and have to submit to a search for alcohol without notice.)

• 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.


Minimum Penalties for second-time DUI Offenders

• For a BAC of .07-.14, 25 days jail if case is still in the arraignment stage at time of pleading, and if post arraignment, 35 days jail.
• For a .15-.19, 30 days jail for arraignment stage and 45 days jail if post arraignment.
• For a .20 + , 35 days jail if still in arraignment stage and 60 days jail post arraignment.

• Alcohol school for 18 months for all 2nd offender DUI cases. Installation of an interlock device will be required as well.

• Formal Probation for 60 months for all 2nd offense DUI’s.

• 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.
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• 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, show proof of insurance (SR 22), install an interlock device on your vehicle for 1 year and pay a reissue fee.

• 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.
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Minimum Penalties for third-time DUI offenders

• For BAC of .07-.14, 120 days in jail for arraignment stage and 130 days jail if post arraignment.
• .15-.19, 125 days jail for arraignment and 135 for post arraignment.
• .20 or higher, 150 days jail for arraignment and 210 days jail for post arraignment.

• Alcohol school for 18 months.

• As a condition of probation, you will be prohibited from consuming alcohol and have to submit to a search for alcohol.
• Probation for 60 months
• Court fines and fees totaling approximately $2,800.00. (payments are available).
• Three year license revocation following a third time conviction.
• Installation of an ignition interlock device will be required on your vehicle.

Overview of Terms and Conditions

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.

4. Probation
• If released on formal probation for 36 or 60 months, you must enroll within five (5) days from the date your case was resolved. Enroll at the Probation Agency which is in the Sheriffs building across from the Hall of Justice (courthouse), in Rm. A on the 2nd floor.
• You do not have to physically check in with a probation officer throughout your probation sentence. Instead, you will mail in forms every month.
• After completion of all your court ordered terms, you can ask your probation officer to be taken off formal probation and be given a conditional release to the court, also known as unsupervised probation or conditional revocable release.

5. Alcohol School (locations: Oxnard, Thousand Oaks, Simi Valley) (805) 981-9281

• If sentenced to alcohol school, whether you’re a first or multiple DUI offender, you must enroll within five (5) days from the date your case was resolved. Enroll into alcohol school by either calling their office at (805) 981-9210, or in person at their Oxnard office. (Ventura offers a satellite class on acceptance bases only - inquire within the Oxnard school).
• Approximate costs: (payment plans are available)
3 month program - $781.00
9 month program - $1713.00
18 month program - $2390.00

• If you live outside Ventura County and would like to transfer alcohol school to your respective county or state, you must obtain an approval from the alcohol school in Ventura County. Alcohol school will authorize and transfer your classes if approved.

6. Monetary Fines:
• DUI fines and fees: totaling approximately $2,800.00
• If convicted of a DUI, you will have to pay court fines and fees. You must make arrangements to pay fines and fees within five (5) days from the date your case was resolved.
• The courts will allow you to make low monthly payments without any interest.

7. Interlock Device
• An interlock device is a device that is installed on a vehicle which must be blown into to start your car and be done periodically while its running.
• If the judge orders you to place an ignition interlock device on your vehicle(s), it is usually because you’re above a .15 BAC or you have at least one prior DUI conviction.
• You must place the interlock device on your car within thirty (30) days from the date your case was resolved. It must be placed on any vehicle you own or operate.
• The approximate cost of an interlock device is $730 for one year.
• Probation is in charge of assigning interlock suppliers and questions should be directed to them.