While practicing Criminal Defense in Tulare County, Madera County, Fresno County, and Kings County, I continue to see a vast difference in the punishments being given to people convicted of DUI's. I commonly read the informational brochures and lawyers to see how the difference counties handle their cases to get the best possible outcomes for my clients.
I acquired an informational brochure from the Tulare County Probation Office which outlines several likely outcomes, or common sentencing schemes in Tulare County.
Tulare County probation Department and District Attorney's Office formed a DUI probation supervision and Prosecution Partnership in a systematic effort to reduce the number of people killed or seriously injured in DUI-related accidents in Tulare County with funding provided by a grand from the California Office of Traffic Safety, through the National Highway Traffic Safety Administration. Tulare has now dedicated a Full-time probation officer to closely supervise Felony DUI offenders and a full time prosecutor to vertically prosecute felony DUI Defendant's.
Common Questions for people accused of DUI in Tulare County are, "I got a DUI in Tulare County, what will my sentence be?"
Her is what a person arrested for DUI in Tulare County can expect to happen, according to Tulare County Probation's pamphlet.
* You will be frisked, handcuffed, and placed in the back of a police car.
* Your car will be towed and impounded at your expense. Initial tow fee is $150-$200 plus $33 per day.
* Your car will be sold if it is not picked up in 30 days. You will be charged a release fee of $100-$200.
* You will be transported and booked in the County Jail and held in a common tank until you are sober.
* Your DUI fines and fees for a first offense are approximately $3,000.
* Your driver's license will be suspended for four months on a first offense.
* The DMV will require the installation of an ignition interlock device in your car, at your cost.
* You will have lawyer costs.
* Your car insurance will quadruple for up to ten years
* You will be required to attend alcohol education classes at your cost for six months.
* A second or third offense may land you in jail for up to 365 days and includes all aforementioned fines and fees.
* A fourth offense is a felony and may place you in State Prison for a period fo three years in addition to hefty fines and fees.
* Loss of License
* Interlock Device on vehicle
* Volunteer hours
* Mandatory AA/NA meetings
* Civil liability
PENALTIES FOR DRIVING UNDER THE INFLUENCE CHARGES:
* Driving under the Influence of alcohol and/or drugs (vehicle Code section 23152(a)(b)]:
* First Offense: Six months jail and $1,200 to $3,000 in fines, suspended license; treatment program
* Second Offense: 365 jail, $1,000 to $3,000 in fines, suspended license; treatment program.
* Third Offense: 365 jail, $1,000 to #,000 in fines, suspended license, treatment program.
* Fourth Offense: Felony conviction, three years state prison, $1,000 to $3,000 in fines suspended license
* Driving under the influence of alcohol and/or drugs causing injury [Vehicle Code 23153(a)(b)]: Three years state prison; $1,000 fine.
* Special Allegation of Penal Code section 12022.7(a); Additional Three years for each victim
* Gross Vehicular Manslaughter while intoxicated [Penal Code section 191.5(a)] 10 years State Prison
* Vehicular Manslaughter while intoxicated without gross negligence [Penal Code section 191.5(b)]: Four years State prison
* Second Degree Murder [Penal Code Section 187]: 15 years to life in State Prison.