Criminal Law 101 – Post-conviction Relief

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Criminal Law 101 – Post-conviction Relief

Many individuals convicted of criminal offenses in California worry that their records will follow them forever, but post-conviction relief is an option in some cases to clear a criminal conviction and put the incident into the past. The knowledgeable defense lawyers of The Kavinoky Law Firm are well-versed in California post-conviction relief options, and will fight to help an individual clear up a criminal record. Post-conviction relief options vary case by case, but in general, will depend on three key factors:

  • Whether the case was charged as a misdemeanor or a felony; and
  • Whether the offense was chargeable with time in jail or prison; and
  • Whether probation was included in the sentence and has been completed

Because there are many legal terms that people may not be familiar with, this section will provide definitions and highlight several key components common to most post-conviction options. The most common post-conviction relief options include: sealing and destruction of records, expungement, felony reduction, and Certificates of Rehabilitation and/or pardon.

Misdemeanors vs. Felonies: When evaluating a case for the first time, a criminal defense attorney will first want to know whether the prior offense was charged as a misdemeanor or a felony. Ultimately the difference between a misdemeanor and felony comes down to the severity of the offense and the punishment that can be imposed.

Misdemeanors typically involve fines and are punishable by not more than one year in county jail. They are considered less severe than felonies. Felonies, by definition, are punishable with one year or more in state prison. While any time behind bars is difficult, technically county jail is considered less severe than prison and is reserved for less serious offenses.

Probation Requirement: In addition to jail or prison, most crimes include a period of time when a person is restricted from doing certain things. In general, probation is commonly included as a condition of conviction in nearly all misdemeanor crimes and some felonies. Probation can be either formal (supervised by a probation officer) or informal (it is up to the individual to comply with the terms without reporting to a probation officer). In many cases even something seemingly small, like getting a traffic ticket while on probation can be enough to cause the original judge to impose additional penalties, such as additional jail time. Post-conviction relief is not generally available until the probationary period is over.

Typically felonies attach a prison term and parole opportunity. There are different post-conviction options for parolees including Certificates of Rehabilitation and/or pardons. However, certain felony offenses are considered less serious, so the judge may grant county jail time and probation. In these cases, misdemeanor post-conviction relief would be available.

Early Termination of Probation: Most post-conviction relief is unavailable to individuals whom have not yet completed their entire probationary term, with certain exceptions. California Penal Code Section 1203.3 allows a judge to modify or revoke probation or terminate probation on a case-by-case basis. This is an important aspect to any discussion on post-conviction relief since expungement and other relief is generally unavailable if you are still on probation. Under PC 1203.3 a probationer can petition the judge to terminate probation early. Early termination of probation requires a skilled defense attorney to go before the judge and make an effective argument in favor of early termination.

Wobblers: Most offenses are clearly defined by the penal code as either misdemeanors or felonies. However, there are always exceptions. Certain crimes, referred to as “wobblers” can be charged by the prosecutor as either misdemeanors or felonies. In some cases people may not remember the details of their prior convictions and laws may have changed over the years. As a general rule, county jail and probation are clear indicators that a crime was charged as a misdemeanor.

Common examples of wobblers include certain DUI / DWI offenses, drug possession, assault and domestic violence offenses. If a conviction for a wobbler offense includes county jail time (regardless of whether any actual time is served) and probation, then the conviction is eligible for misdemeanor relief including sealing of records, reduction of felony to a misdemeanor and/or expungement. Straight felony convictions, on the other hand, would require an application to the governor via a Certificate of Rehabilitation or pardon.

As stated, felonies by definition are more serious than misdemeanors. In certain cases wobblers may rise to the level of a felony if certain aggravating circumstances are present, for example, when someone is actually injured. Straight felonies – those that are not wobblers – attach a specific prison term, and in most cases, there is a start and end date with a possibility of parole. Individuals convicted of felonies which were paroled, have stricter standards, as they relate to the availability of post-conviction options. Generally, in order to relieve the civil consequences of a prior felony conviction requires application for pardon or Certificate of Rehabilitation, which are more lengthy and involved than misdemeanor relief options.

A California criminal conviction doesn’t have to follow an individual through life, hampering opportunities for employment, education, housing, and other necessities. The experienced, caring defense attorneys of The Kavinoky Law Firm are knowledgeable about every aspect of post-conviction relief, and will explore every option available to clean up an individual’s criminal record. Contact a skilled attorney today for a free consultation.

Entry Into Canada (Application For Rehabilitation)

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Entry Into Canada (Application For Rehabilitation)

Many Americans are unaware that there are several restrictions governing travel to Canada. For example, individuals with criminal convictions in the U.S. or another country will likely be denied entry into Canada. Since Sept. 11, 2001, the Canadian government has become even stricter about allowing individuals with criminal records to enter country.

Even a misdemeanor record can prevent an individual from traveling from the U.S. to Canada. For example, someone with a misdemeanor DUI / DWI conviction in the U.S. will not be allowed into Canada because drunk driving is a felony there.

Because a criminal record in the United States can prevent entry into Canada, it’s critical to obtain post-conviction relief whenever possible to clear the individual’s record and open up travel opportunities. If approved, an Application for Rehabilitation will clear the way for an individual convicted of a criminal offense in the U.S. to enter Canada. The experienced lawyers of The Kavinoky Law Firm can assist an individual with an Application for Rehabilitation that may allow entry into Canada.

In order to qualify for and Application for Rehabilitation to enter Canada, at least five years must have passed since the completion of any sentence and probation imposed for the offense. Some individuals can have their rehabilitation request processed at a Canadian port of entry through two processes known as “deemed” and “streamlined” rehabilitation. Applicants must provide all required documentation and pay a fee of $200 Canadian for streamlined rehabilitation. There is no fee for deemed rehabilitation.

Required documents include identification, court documents for each conviction that show that the sentence was completed, a recent FBI criminal record check, and a police certificate from the state(s) where the offense occurred and any state where the individual has lived for more than six months in the past 10 years.

Rehabilitation requests can also be submitted to the Canadian Consulate. The individual must submit an application and all relevant documents to the Canadian Consulate. Just as in streamlined or deemed rehabilitation, there is no guarantee that the Canadian government will approve the request.

If less than five years have passed since the sentence was completed, the individual may qualify for a Temporary Resident Permit, or TRP. To qualify for a TRP, the individual must complete an application and provide all of the documentation required for rehabilitation.

The procedures for submitting an Application for Rehabilitation to enter Canada are complex, and are best handled by a skilled attorney who is familiar with the requirements. The experienced lawyers of The Kavinoky Law Firm are well-versed in every aspect of the Canadian rehabilitation process and can ensure the best chance of a successful application. Contact them today for a free consultation.

Expungement

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Expungement

Every arrest and conviction is recorded in an individual’s criminal record. At one time, only police and governmental agencies could access criminal records, but that has changed. Technology has blurred the gap between what is public and what is private. Similarly, background checks are becoming more and more standard, and with growing on-line public databases, accessing someone else’s criminal record couldn’t be easier.

Because of this, post-conviction relief in the form of expungement is both important and necessary. Expungement works like cleaning up a credit report. A successful expungement means that the conviction is removed from the record. The knowledgeable expungement lawyers of The Kavinoky Law Firm will evaluate any California criminal conviction to determine whether post-conviction relief may be an option.

Essentially, the judge dismisses the case after the fact. This applies even in cases where a plea of guilty was entered. In these cases, the plea is withdrawn and the case is dismissed. On your criminal record, expunged offenses are listed as “dismissed.”

While expungement offers the most relief, it is not an eraser, and relief from disclosure is limited. Also, expungement is not available in all cases. While it is possible to expunge some felonies, expungement is generally limited to misdemeanor offenses where the probationary period has ended. However, an experienced criminal defense attorney can assist with getting probation terminated early.

Common situations where expungements are granted include driving under the influence, drug possession, reckless driving, and other misdemeanor offenses. Most employers are prohibited from asking about arrests that did not result in convictions and expunged offenses. However, there are limits on expungement relief, including several situations that require mandatory disclosure of expunged offenses.

Still, the benefits of expungement far outweigh the limitations. While expungement is most commonly considered for purposes of future employment, the psychological benefits should not be overlooked. Knowing that a prior criminal conviction is out there on the record can be unnerving. While hiring a good criminal defense attorney to help resolve matters initially is always encouraged, there’s no reason to suffer needlessly from a prior conviction. Help is available. In some cases where expungement isn’t an option, alternatives such as a Certificate of Rehabilitation or a pardon may be available.

For a preliminary evaluation on whether your offense can be expunged, please contact one of the skilled criminal defense attorneys at The Kavinoky Law Firm. We have offices throughout California and are extremely experienced in expungement and post-conviction relief.

Misdemeanor Case Expungement

Posted by Darren Kavinoky on

Many individuals convicted of a misdemeanor or felony offense in California fear that their criminal records will follow them throughout their lives and create impediments to employment, housing, education and other opportunities. This fear is not unfounded, however, it’s often possible to wipe the slate clean through a process called expungement. The skilled lawyers of The Kavinoky Law Firm are experienced in every aspect of California expungement and other forms of post-conviction relief, and will fight hard to clean up an individual’s criminal record.

Expungement of California misdemeanor offenses is possible as long as the defendant meets certain criteria. The individual must have completed probation, if applicable, or have been granted early release – something that a knowledgeable defense attorney can also help with. If the individual violated the terms of probation and had it reinstated or revoked, it’s up to the court to decide whether to grant expungement. If the individual was not placed on probation, at least one year must pass between the date of conviction and the date that expungement is requested.

In addition to the requirements listed above, all fines, court fees and restitution ordered as part of the original sentence must be paid, and the individual cannot have any criminal charges pending or be on probation for another offense.

Certain offenses cannot be expunged, including most sex crimes and violations of California Vehicle Code section 42001(b) which includes sections 2800, 2801 and 2803.

If all of the requirements listed above are met, the process of expunging a California misdemeanor conviction is as follows: An attorney files a petition with the original court of conviction to have the charges dismissed. If the petition is granted, the individual is allowed to withdraw a plea of Guilty or nolo contendere / No Contest. If the individual was convicted by a judge or jury, the guilty verdict is set aside. When that occurs, the original charges are dismissed and the individual no longer has a conviction on his or her record.

Although expunging a California misdemeanor conviction has enormous benefits, there are also limitations. The individual must disclose expunged offenses in certain circumstances, including applications for public office or any state license, such as real estate, stock broker, doctor, lawyer, etc., or contracting with the California State Lottery.

Other circumstances not specifically mandated by law may also require disclosure, such as applications to become a police officer. In addition, restrictions such as firearm possession or requirement to register as a sex offender will still apply even though expungement has been accomplished..

Despite the limitations, the benefits of expunging a California misdemeanor conviction are enormous. Having a clean criminal record eliminates hurdles to many opportunities, particularly employment. Perhaps even more valuable is the peace of mind that comes from rectifying a past mistake. To learn more about expungement or other forms of post-conviction relief, contact The Kavinoky Law Firm today for a free consultation.

Post-conviction Relief: Reduction of Felony to Misdemeanor (PC 17)

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Post-conviction Relief: Reduction of Felony to Misdemeanor (PC 17)

Many people worry that a California felony conviction will follow them throughout their lives, but that’s not necessarily the case. It’s sometimes possible to reduce a felony to a misdemeanor through a process known as post-conviction relief. The skilled defense lawyers of The Kavinoky Law Firm can evaluate each case to determine whether it may be possible to have a felony conviction reduced to a misdemeanor.

Post-conviction relief is comprised of a series of statutes in the California Penal Code that allow people to distance themselves from their mistakes. Penal Code 17(b) allows the reduction of felony “wobblers” to misdemeanors so that they can then be dismissed and expunged.

The California Penal Code distinguishes all crimes as either misdemeanors or felonies, and in some cases, both. “Wobblers” are offenses that can be charged either way. Misdemeanors are considered less serious, so offenses generally include limited time in county jail, fines and probation. Felonies on the other hand, include terms in prison. Felony wobblers are often punished less severely than standard felonies – the defendant may receive time in county jail and probation versus prison and parole. The basic difference is in the punishment that can be imposed.

If a defendant convicted of a wobbler offense is charged with a felony but given misdemeanor punishment, a motion can later be made under California Penal Code 17(b) to reduce the felony to a misdemeanor. A misdemeanor not only reads better than a felony, but it is also eligible for expungement under Penal Code 1203.4. But when the offense is punishable only by state prison, it is not reducible, and will likely require a Certificate of Rehabilitation and/or pardon.

Because probation is included in misdemeanor convictions only, it is not surprising that probation is also a requirement for any felony reduction. A judge may not discharge non-wobbler felonies (sometimes referred to as “straight” felonies), even in cases where a defendant ends up serving no additional time in prison.

Once a felony has been reduced to a misdemeanor, however, the Penal Code states that it is treated as a misdemeanor for “all purposes.” This means that the felony offense is treated as though it were originally charged as a misdemeanor. For example, many private job applications require disclosure of any and all felonies. A prior felony that was reduced under Penal Code 17(b) would count as misdemeanor and would not need to be disclosed. However, there are exceptions, and a skilled criminal defense attorney should be consulted.

A person convicted of a wobbler that was designated as a felony should generally seek reduction to a misdemeanor under §17(b) before—or while— seeking an expungement.

The experienced and knowledgeable California defense lawyers of The Kavinoky Law Firm can help determine whether a felony can be reduced to a misdemeanor, and help an individual with a criminal record make a fresh start with post-conviction relief.

Limits of Post-conviction Relief

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Limits of Post-conviction Relief

You may fear that your California criminal conviction will haunt you for the rest of your life, which can happen, but post-conviction relief can remove criminal offenses from your record and help you to move forward. The experienced defense attorneys of The Kavinoky Law Firm will gladly evaluate your case to determine whether post-conviction relief is an option.

While there are many benefits to post-conviction relief, there are some notable limitations. Expungement and other misdemeanor relief alone will not reinstate certain rights such as firearm possession. While the primary misdemeanor charge can be expunged, possession of firearms and relief from registration as a sex offender will require a Certificate of Rehabilitation and/or a pardon.

Post-conviction relief does not prevent disclosure of prior convictions under several different circumstances, including an application for public office, seeking any license from the state, such as real estate, stock broker, doctor, lawyer, etc., or contracting with the California State Lottery. In these situations the prior conviction must be disclosed.

Other situations not specifically spelled out by law may also require disclosure of an expunged conviction. For example, application to become a peace officer, while not mentioned in the statute, typically requires disclosure of expunged convictions.

While many circumstances may arise that are not specifically exempted from disclosure, as the world gets smaller, many people have access to our private information. As such, in this day and age of computers, Internet, and the free flow of information, carefully worded disclosure may be the best way to proceed. This is a strategic issue and one that should be considered with the help of an experienced criminal defense attorney.

Regardless of your individual case, post-conviction relief is something that opens doors to employment, education, housing, and provides much-needed peace of mind. To learn more about expungement and other post-conviction relief options, contact a caring attorney from The Kavinoky Law Firm today for a free consultation.

Post-conviction Relief

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Post-conviction Relief

As the world gets smaller and technology makes our private life more public, a past criminal conviction can become a future obstacle. While past convictions cannot be completely erased, the law provides important ways to limit the impact that a prior arrest and/or conviction may have on an individual’s future. It is possible that a prior conviction can be relieved – and sometimes destroyed altogether. This area of law is commonly referred to as post-conviction relief, or post-judgment relief.

Ultimately post-conviction relief is a way to clear a criminal record by dismissing the case, limiting public access to the records regarding the arrest and conviction, or alleviating certain consequences associated with the conviction. A good criminal defense attorney can quickly assess the best option in each individual case.

Post-conviction relief is of critical importance to anyone who has been convicted of a criminal offense and is interested in cleaning up his or her criminal record. A criminal record is like a credit report and can often be accessed by others. Anyone with a criminal offense in their past knows that the punishments resulting from the conviction go beyond fines, probation and jail time. A prior conviction can have a negative impact on employment opportunities, educational goals, and self-confidence.

There are several common forms of post-conviction, or post-judgment, relief available including: expungement, sealing and destruction of records, reduction of felony to misdemeanor, and certificates of rehabilitation and/or pardon.

Expungement is the most common option for people who have prior misdemeanor and certain felony convictions on their criminal record. Expungement is essentially a dismissal of the conviction after the probationary period ends and is a requirement for many employers and professional licensing boards.

In certain circumstances arrest records and even prior conviction records can be sealed and ultimately destroyed. If records are sealed then the arrest is deemed to have never occurred and public access is limited. Requests for sealing are not granted in all cases, but are commonly granted in cases where an arrest did not result in conviction or in juvenile court cases.

Some felonies can be reduced to misdemeanors, even after a conviction. This is typically done in connection with expungement. Reducing a felony to a misdemeanor helps clean up a criminal record. More serious felonies may require a gubernatorial pardon. Requests for pardons can be made directly to the governor or following an approved Certificate of Rehabilitation. Certificates of Rehabilitation are approved by a judge. The approved certificate is then sent to the governor as an application for pardon. If granted, a pardon will restore most disabilities associated with a prior conviction, including restoration of gun possession rights and relief from sex offender registration.

Most forms of post-conviction relief, including expungement, sealing and destroying records or vacating convictions, require a judge’s approval. Other types of relief are less complicated and may even occur automatically – for example, destruction of minor misdemeanor marijuana records. A direct pardon however, requires an application to the governor.

Almost everyone with a criminal conviction can benefit from post-conviction relief. A caring attorney at The Kavinoky Law Firm can help to determine which form of post-conviction relief is best. Contact a skilled defense lawyer today for a free consultation.

Sealing and Destruction of Records (California Penal Code 851.8)

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With more sophisticated computers and increasing laws designed to be tough on criminal offenders, privacy is fast becoming a concern for everyone; especially individuals with a criminal record. While they say we learn from our mistakes, no one wants their criminal records public. Depending on the circumstances, it may be possible to get criminal records sealed. Once records are sealed it eliminates public access. In these cases, the offense is deemed not to have occurred and the records are subsequently destroyed. The skilled California defense lawyers of The Kavinoky Law Firm are experienced in all aspects of petitioning to have criminal records sealed and destroyed.

Sealing and destruction of records is a viable option in certain cases and more difficult in others. Under California Penal Code 851.8, an innocent person arrested for or charged with a crime may be able to have the records sealed by obtaining a declaration of “factual innocence.” A finding of factual innocence is generally initiated by submission of a motion and requires a judge’s approval.

In general, someone is deemed to be factually innocent if no reasonable cause exists to believe he or she committed the offense. The procedures for obtaining a Certificate of Factual Innocence vary depending on whether formal charges are filed, but the result is the same: All records relating to the arrest and charges must be sealed for three years and must subsequently be destroyed. The arrest is deemed never to have occurred.

Oftentimes arrests occur and the person is released and no formal charges are filed. In these cases, the arrestee can petition for a finding of factual innocence to have the arrest records sealed.

When charges were filed but the case was dismissed, a petition for a finding of factual innocence can be made, but it’s at the discretion of the court and the district attorney to grant relief. When a trial results in an acquittal, the judge may find the person factually innocent and order relief.

There are specific evidentiary and timing issues which are important to maximize a successful finding of factual of innocence. Anyone looking into relief under California Penal Code 851.8 should consult with a California criminal defense attorney.

Even in cases where sealing and destruction of records is appropriate, certain exceptions apply. Transcripts of court proceedings, published appellate opinions, and any records relevant to pending lawsuits are exempted. Records will not be destroyed if the conviction is on appeal, jail time was never served, fines unpaid, probation is incomplete, or there is a bench warrant.

There are certain cases when relief under Penal Code 851.8 can be very useful, including:

  • Juvenile misdemeanor arrest and conviction records
  • Marijuana arrests and convictions
  • Drug diversion agency records

Juvenile misdemeanor arrest and conviction records: Sealing of records is often awarded in cases involving minors. The arrest records of a minor may be sealed if he or she was released for lack of probable cause; the juvenile court dismissed the case, or the defendant was acquitted.

This section does not apply to arrests for sex, drug, or traffic offenses. If the court decides the finding required for relief, the records will be sealed and the proceedings will be deemed not to have occurred.

It is rare for a person under the age of 18 to be convicted of a misdemeanor in adult court but when it does happen, Pen Code §1203.45 provides for the sealing of such records.

Marijuana arrests and convictions: In general, while sealing and destruction of records requires court approval, cases such as minor misdemeanor marijuana convictions will be automatically sealed. Records of marijuana arrests and convictions are automatically destroyed two years after the arrest or conviction in cases involving simple possession.

Drug diversion agency records: PC 851.8 provides that drug diversion agency records will be sealed and destroyed.

Employers generally cannot ask job applicants about arrests or detentions that did not result in conviction; convictions for which the record has been ordered sealed or expunged; expungements or as noted above, or participation in a diversion program.

Applicants for peace officer and healthcare positions are exempted from this rule, and applicants can be asked about arrests for sex or drug offenses. Professions involving young children have also been found to require disclosure for arrests involving sex or drug offenses.

Sealing and destruction of records is a viable option after many California criminal convictions. The experienced California criminal defense attorneys of The Kavinoky Law Firm can determine whether an arrest or conviction can be sealed and destroyed. Contact them today for a free consultation.

Sealing Juvenile Records

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Many individuals convicted of California criminal offenses want to clean up their criminal records and make a fresh start. This is particularly important when it comes to juvenile criminal records. There’s no reason why a mistake made before age 18 should haunt someone throughout their lives and hamper future opportunities for employment, education, military service or other options. The caring attorneys of The Kavinoky Law Firm are skilled in every aspect of sealing and destroying California juvenile criminal records.

Many people believe that juvenile criminal records are automatically sealed, but that’s not the case. Individuals must petition the court to seal the records once they have turned 18. The petition to seal California juvenile criminal records must be made in the county where the conviction occurred. If the court approves the request – which is often the case with juvenile records – the files will immediately be sealed, and the records will be completely destroyed in five years.

Individuals who graduated from the Department of Corrections and Rehabilitation, Division of Juvenile Justice have their convictions dismissed after completing the program, but still must petition to have the records sealed. If not, they will remain visible until the individual’s 38th birthday.

Unfortunately, certain juvenile records cannot be sealed. Typically, only misdemeanor records can be sealed, not felonies. The types of crimes that cannot be removed from the record include sex, drug, and traffic offenses. However, other types of juvenile records can typically be sealed if the proper procedures are followed. While it’s rare for California minors to be convicted of misdemeanors in adult court, those records also can likely be sealed and destroyed.

Whenever possible, it’s essential to petition to have California juvenile records sealed and destroyed so that mistakes made as a minor don’t follow an individual into adult life. A criminal record can be a hurdle to employment, education, housing, and other opportunities, and in today’s information age, it’s easy for anyone to locate criminal records. The experienced lawyers of The Kavinoky Law Firm are skilled in every aspect of petitioning to have juvenile records sealed and destroyed. Contact them today for a free consultation.

Punishment in Criminal Court

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Punishment in Criminal Court

The punishment that the court can impose is set by statute, but can result in up to one year in county jail for misdemeanor DUI, or even several years in state prison for felony DUI.

There are certain aggravating factors that can result in an increase in punishment beyond the statutory minimums. These include having prior convictions for DUI or related offenses, speeding while D.U.I., having a child in the car, having a blood alcohol level that is .20 or higher, or refusing to submit to a chemical test.

Any punishment imposed by the court is separate from the license suspension or revocation by the DMV. If the court orders a driver’s license restriction, that restriction will begin as soon as the DMV’s restriction ends. They do not run concurrently.

Also, as to any fines, keep in mind that in addition to the base fine amounts described below, the court will add assessments that significantly increase the amount that is owed. The base fine amount will triple when all other mandatory costs and fees are added.

In general, a conviction will result in the following punishment:

First Offense: If the court grants informal, unsupervised probation, there are two options. Both require a base fine ranging from $390 to $1,000, and attendance at a 3-month alcohol/drug education program (6-month program if there is a BAC of .20 or higher, or if there is a refusal to test).

  • Option A: 48 hours to 6 months in jail, and a 6-month driver’s license suspension; or,
  • Option B: A 90-day driver’s license restriction allowing for driving for work and the alcohol/drug program only.

Without probation, the court may impose 96 hours to 6 months in jail, a $390 to $1,000 base fine, and a 6-month driver’s license suspension.

Second Offense: With unsupervised probation, there are two options, both carrying a base fine of $390 to $1,000, plus either:

  • Option A: 10 days to 1 year in jail, and a 2-year driver’s license suspension; or,
  • Option B: 96 hours to 1 year in jail, an 18-month (or 30-month) alcohol/drug education program, and a driver’s license restriction for the duration of the program allowing driving only for work and the program.

Without probation, the court may impose 90 days to 1 year in jail, a $390 to $1,000 base fine, and a 2-year driver’s license suspension.

Third Offense: With unsupervised probation, the court will impose a sentence of 120-days to 1 year in jail, a base fine of $390 to $1,000, a 3-year license revocation, and an 18-month alcohol/drug education program if one was not done before.

Without probation, 120-days to 1 year in jail, $390 to $1,000 base fine, and a 3-year license revocation.

Fourth or subsequent Offense: If probation is granted, 180 days to 1 year in jail, a base fine ranging from $390 to $1,000, a 4-year license revocation, and an 18-month program if one has not been done before.

Without probation, the court could sentence anywhere from 6- months to 1 year in county jail, or 16 months, 2, or 3 years in state prison; a base fine of $390 to $1,000; and a 4-year driver’s license revocation.

If you or someone you care about stands accused of DUI, please consult a Southern California DUI Lawyer right away before you even consider pleading guilty.