San Francisco Bay Area First Offense DUI

All California DUI convictions will result in some form of probation.  There's basically two types of probation: formal and informal.  Formal probation is probation where the defendant is actively monitored and likely assigned a probation officer.  I'm not aware of any San Francisco Bay Area counties that give formal probation for first offense DUI convictions and informal probation is the standard for these cases.  Informal probation is essentially an honor system.  You must obey all laws, do what you're told to do by the court, i.e. pay fines, DUI school, etc., and not drive a vehicle without a license or insurance and you cannot refuse to take a chemical test if requested by a peace officer if suspected of DUI.  Informal probation for first offense California DUI cases can last for 3 to 5 years.  Once this probation is either completed or terminated early, the DUI defendant can have their conviction dismissed or "expunged" from their criminal record by the courts.  DMV records, however, cannot be expunged. 

First offense DUI fines vary greatly depending on the county, however, it's normally around $2,000, which an either be paid in full or on a payment plan with the county or it's third party payment processor.  In some cases, DUI fines can be heavily reduced by the judge.  For example, I've had multiple DUI clients who's fines have been either waived or reduced to something like $200.  Other times the judge has reduced DUI fines only slightly or not at all.  This highlights the necessity of an experienced DUI attorney on your side though because you don't get anything if you don't ask.  

Almost all California DUI convictions will have a DUI school requirement.  Typically, the DUI defendant is ordered by the court as a condition of their probation, that they enroll in a DUI school within thirty (30) days of their sentencing date or last court hearing.  Again, depending on the county, the defendant will need to file a document called a "Proof of Enrollment" with the court clerk's office within the ordered time frame or they may face a warrant for their arrest.  Similarly, the DUI defendant must also file their "Proof of Completion" before a specified date (usually 6-12 months) or face the same outcome.  

The first offense DUI school ordered by the court will be either a 3, 6 or 9 month program that may or may not be available online. Normally, physical attendance is required for the DUI school and it can be taken either in the county or residence or county of employment of the DUI defendant.  Online DUI schools are usually employed for out of state defendants, particularly for DUI offenders who do not have a California Driver's License.  If the DUI offender has a California Driver's License, the court can still order an online DUI school, however, completion of an online DUI school will not be accepted by the DMV for license reinstatement. The COVID 19 pandemic did cause most DUI schools to go online, however, many are now back to "in person" classes, but there may still be a few DMV accepted DUI schools that are still doing online classes so you should inquire if this is an option once you've confirmed that the DUI school is DMV approved.

First Offender DUI schools in the Bay Area have different class schedules but generally meet once a week for approximately two to three hours at a time.  Although there's different length DUI schools, the DMV generally only requires completion of the three month DUI school for license reinstatement.  This is a crucial fact that's missed by inexperienced DUI attorneys and they will regulalry negotiate criminal case settlements for the 9 or 6 month DUI schools because they erroneously believe that DMV will require it.  A first offense DUI school or three month DUI school costs around $600 to $800 and the longer schools are progressively more expensive so it's easy to see what a difference your DUI lawyer can make by getting you the 3 month DUI school instead of the 9 month DUI school.  If a DUI client is ordered to do the 9 month DUI school, their license will be suspended and/or restricted for 10 months instead of the 6 months which is otherwise standard since a license cannot be fully reinstated until the DUI school is completed.

Technically, all California DUI sentences have a jail component.  The jail sentence for a standard first offense DUI in the Bay Area has a jail sentence of 48 hours to 6 months.  San Francisco Bay Area first offense DUI offenders are usually sentenced anywhere from zero to 30 days of jail in my experience as a DUI lawyer, depending on the county and the DUI case specifics.  

While this is technically a "jail" sentence, every California county has some form of "jail alternative" so the first offense DUI offender almost never spends any jail time in addition to their "time served" on the date of their arrest.  Although each county may have a different name for their jail alternative, the generic term "SWAP" is what's used among judges, prosecutors and defense lawyers.  

"SWAP" stands for "Sheriff's Work Alternative Program."  At the time of sentencing, the judge will sentence the DUI offender to say 10 days in jail and will then refer them to SWAP.  If the defendant fails to sign up and be accepted by SWAP, they will be required to serve the 10 days in actual custody.  I can say that 99% of my San Francisco Bay Area first offense DUI clients who've been referred to SWAP, have been accepted by SWAP (I've only had one client who was rejected due to a prior felony conviction).

Once a DUI offender is accepted by SWAP, they will be assigned work days in the county that are typically 6 to 8 hours long where they will be required to perform talks like sweeping sidewalks, picking up trash or otherwise working for the county.  One completed day of SWAP generally equals one actual day in jail.  California Penal Code Section 4019 requires the Sheriff to apply day for day good time credits to the SWAP sentence, so usually this means the jail/SWAP sentence is significantly reduced to even as much as one half.  So long as the work is done without any problems, this will satisfy the jail sentence on most San Francisco Bay Area first offense DUI sentences. 

Jail and SWAP sentences can vary widely in the San Francisco Bay Area courts.  A DUI case that gets one day in one county and gets 10 days in an adjacent county is actually quite common.  This is why I believe it's so important to hire a DUI attorney who regularly appears in cases across multiple counties and jurisdictions. It's my opinion that "local" DUI attorneys who never appear in other counties, can get used to certain DUI case results and won't challenge the status quo. A DUI attorney with a multi county practice, however, knows that cases just like yours are settled just miles away for substantially less punishment and is willing to push the boundaries of case settlement to get the best possible DUI case result. 

Although rare, some first offense DUI jail sentences are converted to electronic monitoring or "house arrest."  House arrest can be a good option for a DUI first offender who's looking at a really high jail or SWAP sentence, over thirty days but usually more like sixty plus. The DUI probationer must comply with the terms of the house arrest agreement and not leave their home except for preapproved trips, i.e. work, medical, etc.  One day of house arrest equals one day of jail but prosecutors are aware of this so most house arrest sentences on first offense DUI's are usually long enough for the client to consider a shorter SWAP sentence.  Either way, a house arrest sentences could be a creative resolution for a first offense California DUI case so it again makes sense to have an experienced DUI lawyer on your side.

A first offense San Francisco Bay Area DUI conviction will result in a six (6) month "mandatory" license suspension.  If the California DUI conviction involved drugs, injuries, a "refusal" to submit to chemical test or the driver was under 21 or on DUI probation, then the license will be suspended for an additional six (6) months.  This does not include the DMV Administrative Per SE or "APS" suspension which happens separately though the DMV hearing process.  The APS first offense DUI suspension is usually four (4) months, unless the case involved a refusal or under 21.

I want to emphasize, these two license suspensions are separate and distinct from one another and if improperly handled, can result in additional actual suspension or restricted driving time. As a San Francisco DUI lawyer, I think it's crucial to employ a sound strategy for managing these two license suspensions to achieve the least possible suspension or restricted driving for the DUI client. 

The DMV has a labyrinth of laws for license suspensions, so I must be general when I discuss restricted licenses as each DMV case is different.  Nevertheless, there are two (2) types of "restricted license." a work license and an ignition interlock device or "IID" restriction.  The "work" license can generally be obtained after thirty (30) days of actual suspension from the APS hearing.  The licensee must have enrolled in the DUI school and have an SR22 insurance policy filed with the DMV before they can pay $125 in person at the DMV when applying for the license.  This license will allow the licensee to drive anywhere, anytime so long as they're either driving in the course and scope of their employment or to and from a DUI school.  This restriction will last anywhere from 5 to 12 months and until the DUI school is completed,. 

An ignition interlock devices license can be obtained immediately upon suspension.  The licensee must have an IID installed in their vehicle and have enrolled in the DUI school and provided the DMV with SR22 insurance.  a reissue fee of $125 is required and the restriction will last from 5 to 12 months.  The IID is a machine that requires a clean breath sample to operate your vehicle.  Depending on the make and mode of your car, installing an IID may void your warranty.