What Are The Penalties For A First Offense DUI In Marin County?
Marin County is right in the middle of the Bay Area, just north of the Golden Gate Bridge. Like most district attorneys in the San Francisco Bay Area, the Marin County District Attorney’s Office is very strict on DUIs. The standard penalty for a first offense DUI in Marin County is three years of probation, although five years could be sentenced. Unlike most other counties, Marin County does not allow for no-contest pleas, which means the defendant would have to plead guilty.
The fine is roughly $2,000, but payment plans are available, which typically allow for monthly payments of about $60 until the full amount has been paid. The court usually asks for two days in the county jail, but an attorney can negotiate for that time to be completed through the Sheriff’s Work Alternative Program. The majority of people charged with a first offense DUI in Marin County do not end up spending any time in jail.
If the individual’s blood alcohol level was under 0.20, then they will likely have to complete a three-month/30-hour DUI school. This is typically completed in three-hour sessions once per week, and the classes are held at different times during the day. There are several DUI schools in different parts of the Bay Area and across California, but only one DUI school in Marin County.
If the DUI involved an accident, then there would be restitution, and usually 10 days in jail. This time could be served through the Sheriff’s Work Alternative Program or other non-custodial method.
The maximum penalty for a first offense DUI is six months in jail; that’s what’s hanging over a probationer’s head during probation. One condition of probation is that if the individual is pulled over by a police officer who believes they are under the influence and requests a chemical test, the probationer cannot refuse to take that test.
If an individual violates probation, then they would be entitled to a hearing in front of a judge who would determine whether or not they were indeed in violation of the conditions of probation. If so, the judge would sentence the probationer to up to six months in jail; the judge could decide to give the probationer half-time, which would be three months in jail. However, an individual would have to do something pretty egregious in order to be sentenced to jail, and they would probably be in a lot more trouble for the new offense. Probation violations are typically minor, and will not result in a jail sentence. In addition, the penalties for a probation violation can usually be negotiated by an attorney.
I am happy to discuss any and all questions with potential clients regarding DUI penalties in Marin County.
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