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Ventura County DUI
Penalties
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. 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 our office at (805) 644-8363.
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Minimum Penalties for
First Time DUI Offenders
or
• Alcohol school for three
months (nine months alcohol
school if your blood alcohol
level was .15% or higher.)
• Probation for 36 months
• 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
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.)
or
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.
Minimum Penalties for
third-time DUI offenders
120 days in
jail (if no violation of
probation and no accident. More
time will be imposed if an
accident was involved, BAC of
.15% or more, there was a
chemical test refusal, or there
are "out of time" priors.)
or
120 days in
work furlough (if no violation
of probation and no accident.
More time will be imposed if an
accident was involved, BAC of
.15% or more, there was a
chemical test refusal, or there
are "out of time" priors.)
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
in 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)
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).
Costs: (payment plans
are available)
3 month program -
$781.00
6 month program -
$1297.00
9 month program -
$1713.00
12 month program -
$2230.00
18 month program -
$2390.00
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.
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