the dui anatomy of a flowchart

Napa County DUI Penalties

Top DUI Defense Lawyers in California

Driving under the influence (DUI) is a serious offense in Napa County and throughout California. The legal system imposes stringent penalties to deter impaired driving and ensure public safety. At Wilber Law Offices, P.C., we are dedicated to helping individuals navigate the complexities of DUI charges and understand the potential consequences they face.

Request a complimentary consultation with one of our Napa County DUI lawyers. Use our online form or call Wilber Law Offices, P.C. at (707) 289-7006.

DUI Penalties in Napa County

The penalties for DUI in Napa County vary based on the specifics of the case, including prior offenses, BAC levels, and whether any aggravating factors were present (such as causing an accident or having minors in the vehicle). Below is an overview of potential penalties:

First Offense

  • Fines: $390 to $1,000, plus additional penalty assessments which can significantly increase the total amount.
  • License Suspension: Six-month suspension. Drivers may apply for a restricted license after completing certain requirements.
  • Jail Time: 48 hours to 6 months in county jail.
  • Probation: Three to five years of informal probation.
  • DUI School: Mandatory attendance at a DUI education program (three to nine months).
  • Ignition Interlock Device (IID): Installation of an IID for up to six months.

Second Offense (within 10 years)

  • Fines: $390 to $1,000, plus additional penalty assessments.
  • License Suspension: Two-year suspension. Drivers may apply for a restricted license after one year.
  • Jail Time: 96 hours to one year in county jail.
  • Probation: Three to five years of informal probation.
  • DUI School: Mandatory attendance at an 18 to 30-month DUI education program.
  • Ignition Interlock Device (IID): Installation of an IID for one year.

Third Offense (within 10 years)

  • Fines: $390 to $1,000, plus additional penalty assessments.
  • License Suspension: Three-year suspension. Drivers may apply for a restricted license after 18 months.
  • Jail Time: 120 days to one year in county jail.
  • Probation: Three to five years of informal probation.
  • DUI School: Mandatory attendance at a 30-month DUI education program.
  • Ignition Interlock Device (IID): Installation of an IID for up to two years.

Fourth Offense (within 10 years) and Felony DUI

  • Fines: $390 to $5,000, plus additional penalty assessments.
  • License Revocation: Four-year revocation. Drivers may apply for a restricted license after three years.
  • Prison Time: 16 months, two years, or three years in state prison.
  • Probation: Formal probation.
  • DUI School: Mandatory attendance at a 30-month DUI education program.
  • Ignition Interlock Device (IID): Installation of an IID for up to three years.

Aggravating Factors

Certain factors can lead to enhanced penalties, including:

  • High BAC Levels: BAC of 0.15% or higher.
  • Refusal to Submit to Chemical Testing: Refusal can lead to additional penalties.
  • Causing Injury or Death: DUI resulting in injury or death can lead to felony charges with more severe penalties.
  • Child Endangerment: Having a minor in the vehicle at the time of the offense can result in increased penalties.

Contact Our California DUI Lawyers

For a detailed analysis of your case and to discuss potential defenses, contact Wilber Law Offices, P.C. Our experienced Napa County DUI attorneys are here to provide the guidance and representation you need.

Request a complimentary consultation with one of our Napa County DUI lawyers. Use our online form or call Wilber Law Offices, P.C. at (707) 289-7006.

California DUI Penalties FAQ

What happens if I refuse a breathalyzer or blood test in Napa County?

Refusing to submit to a breathalyzer or blood test can result in immediate consequences under California’s implied consent law. Penalties include a one-year license suspension for a first refusal, and longer suspensions for subsequent refusals. The refusal can also be used as evidence against you in court.

Can I get a restricted license after a DUI in Napa County?

Yes, you may be eligible for a restricted license that allows you to drive to work, school, and DUI program classes. Eligibility typically requires completion of part of your suspension period, enrollment in a DUI program, and installation of an IID.

How does an Ignition Interlock Device (IID) work?

An IID is a breathalyzer device installed in your vehicle that prevents it from starting if it detects alcohol on your breath. You must blow into the device before starting your car, and sometimes while driving, to ensure continued sobriety.

What factors can increase DUI penalties in Napa County?

Penalties can be increased if there are aggravating factors such as a high BAC (0.15% or higher), causing an accident, having prior DUI convictions, refusing a chemical test, driving with a suspended license, or having a minor in the vehicle.

Can I reduce my DUI charges to a lesser offense?

It is possible to negotiate a reduction of DUI charges to a lesser offense, such as “wet reckless” (reckless driving involving alcohol). This often depends on the specifics of your case and the skill of your attorney. A “wet reckless” carries lesser penalties but still counts as a prior DUI if you are charged again within 10 years.

What is DUI probation and what does it involve?

DUI probation typically involves conditions like attending DUI school, not committing any further crimes, not driving with any measurable amount of alcohol in your system, submitting to chemical tests upon request, and sometimes attending regular check-ins with a probation officer.

How long does a DUI stay on my driving record in Napa County?

A DUI conviction stays on your driving record for 10 years in California. During this time, it can be used to enhance penalties for any subsequent DUI offenses.

Can I expunge a DUI from my record in Napa County?

You may be eligible to expunge a DUI conviction from your criminal record after completing probation. An expungement removes the conviction from your public record, but it does not erase it from your driving record or restore your driving privileges.

What should I do if I’m arrested for DUI in Napa County?

If arrested for DUI, it is crucial to remain calm and exercise your right to remain silent. Do not discuss your case with law enforcement without an attorney present. Contact Wilber Law Offices, P.C. immediately to ensure your rights are protected and to receive guidance on the next steps in your defense.

For more detailed information and specific legal advice, contact Wilber Law Offices, P.C. Our experienced DUI attorneys are here to help you navigate the legal system and achieve the best possible outcome for your case.

Request a complimentary consultation with one of our Napa County DUI Attorneys. Use our online form or call Wilber Law Offices, P.C. at (707) 289-7006.

 
 
No Jail Time
Client charged with a violation of probation and 3rd DUI - a wet reckless with no jail time was offered prior to the start of litigation of a suppression motion.
  • Case Dismissed
    Battery charge dismissed halfway through trial, and the jury hung on the resisting charge.
  • Case Dismissed
    But case later overturned on appeal based on arguments made by our counsel during the trial that the blood test was inadmissible and that there was no time of driving established by the evidence.
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