Marin County DUI Charges and Penalties

San Rafael Drunk Driving Defense Lawyer

DUI penalties in California are set by state statutes. However, each county has its own policies about how these laws are enforced and what sentences are typically imposed. The District Attorney's office in Marin County operates under some very unique and stringent guidelines regarding prosecution, plea bargaining, reduction of charges, jail time, and other drunk driving penalties. If you have been arrested for driving under the influence in Marin County, you need an experienced DUI attorney in your corner who understands these policies and the best defense strategies to minimize the negative consequences.

DUI Charges and Penalties in Marin County

If you are arrested for DUI in Marin County, you will likely face two charges:

• Driving under the Influence – CA Vehicle Code 23152(a); and
• Driving with a blood alcohol concentration (BAC) of .08 or above – CA Vehicle Code 23152(b).

If there are prior convictions or aggravated circumstances, the charges may be upgraded to a felony DUI and murder or vehicular manslaughter if somebody was killed.

The Marin DUI Law Center has compiled some general guidelines for punishments you may receive if convicted for DUI in Marin County Superior Court:

• First Offense: Generally charged as a misdemeanor, a first-time DUI conviction in California carries with it fines and penalty assessments of up to $2,300, up to six months in county jail, driver's license suspension of six months with the possibility of a restricted license after 30 days, community service, attendance at AA meetings, three to nine months of DUI school, and the installation of an ignition interlock device. In Marin County, first-time DUI offenders are often able to avoid jail time, community service, and AA meetings.
• Second Offense: In addition to AA meetings, community service, and an ignition interlock device, a second DUI conviction within 10 years raises the fines and penalty assessments to $3,000. Jail time ranges from 10 days to a year, your driver's license may be suspended for up to two years, and your time in DUI school could be extended up to 30 months.
• Third Offense: A third DUI conviction within 10 years in California results in up to $3,000 in fines and penalty assessments, AA meeting attendance, community service, installation of an ignition interlock device, 120 days to one year in jail, 30 months of DUI school, and a three-year driver's license revocation.
• Fourth Offense: Typically charged as a felony, a fourth DUI conviction within 10 years results in AA meeting attendance, community service, installation of an ignition interlock device, $10,000 or more in fines and penalty assessments, between 180 days and three years in state prison, a four-year driver's license revocation, and 30 months of DUI school.

Various aggravated circumstances can result in enhanced penalties. These include:

• An accident involving death or serious injury.
• Refusal to take a chemical test.
• Driving with a blood alcohol concentration (BAC) of .20 or above.
• Child endangerment.
• Fleeing a police officer.
• Driving with a suspended or revoked license.
• Leaving the scene of an accident.

Speak with a Marin County DUI Defense Lawyer

Attorney Paul Burglin has been a Marin County DUI lawyer since 1985. During his career, he has successfully represented more than 5,000 individuals facing drunk driving charges in the Bay Area. He co-authors California Drunk Driving Law, a two-volume treatise that is commonly referred to as "the Bible of DUI Defense", and he is the "go to" attorney for judges, DMV hearing officers, and prosecutors when one of their own family members or friends is charged for DUI.

If you have recently been charged with drunk driving in Marin County, contact Attorney Paul Burglin today at 415-729-7300 for a discreet and confidential consultation. We serve clients throughout the San Francisco Bay Area and Marin County, including San Rafael, Corte Madera, Novato, Sausalito, Lagunitas, Belvedere, Bolinas, Dillon Beach, Fairfax, Forest Knolls, Greenbrae, Ignacio, Inverness, Kentfield, Larkspur, Marshall, Mill Valley, Muir Beach, Nicasio Valley, Olema, Point Reyes Station, Ross, San Anselmo, San Geronimo, Stinson Beach, Tiburon, Tomales, and Woodacre.