What a DUI Sentencing Hearing Decides
After a plea or verdict, the court imposes a sentence. A DUI sentencing hearing sets the penalties, any probation terms and the next steps for programs and the license. Some sentences happen the same day as the plea, while others follow a later hearing.
Vehicle Code section 23600 says the court must not stay or suspend pronouncement of sentence in a DUI case. It must pronounce sentence within a reasonable time, including time for any presentence report.
The Penalty Range
First, the statute for the specific offense sets the range. For a first 23152 conviction, Vehicle Code section 23536 sets 96 hours to six months in county jail and a fine of $390 to $1,000. Probation statutes then add terms when the court grants probation.
The article on California first DUI penalties explains that range in more detail.
Probation Terms
Section 23600 lists conditions that must appear when the court grants probation. In most cases the probation period runs three to five years in most cases. The person must not drive with any measurable alcohol, must not refuse a chemical test after a DUI arrest and must not commit any crime.
In addition, the guide on California DUI probation terms explains other common conditions.
Special Factors at a DUI Sentencing Hearing
Some facts can also increase the sentence. Vehicle Code section 23578 makes a level of 0.15 or more, or a refusal of a breath or urine test, a special factor that may justify enhanced penalties. A minor under 14 in the car can add jail time under section 23572.
Section 23600 also says the court cannot excuse the minimum jail time or the minimum fine set by law.
What to Bring
Bring proof of anything the court may consider. For example, program enrollment, work schedules and letters can help the court set realistic terms.
- Proof of DUI program enrollment
- Work and school schedules
- Proof of any treatment started
- Contact details for any victim restitution questions
After the DUI Sentencing Hearing
Get the written sentence or minute order. Then mark every deadline, such as program start dates and payment dates. The article on DUI court payment hardship covers what to do if payments become hard to meet.
A Hypothetical DUI Sentencing Hearing
Hypothetical example, invented for illustration of the rule: suppose a court orders county jail time for a defendant who works weekdays. Section 23536 tells the court to schedule county jail time around regular employment where it can.
So proof of a work schedule gives the court the facts it needs to apply that rule. Likewise, proof of program enrollment shows where a person stands on other conditions.
The guide on DUI jail alternatives explains county programs such as work release.