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DUI Court General Info

For contact information for the County of Orange DUI Court program in your jurisdiction go to the locations page and click on your court.

General Information
Our Mission

The mission of the Superior Court of California Driving Under the Influence (DUI) Court program is to reduce DUI recidivism, enhance community safety, and foster a healthier and safer life for the participants and their families by increasing treatment, supervision and accountability of the high-risk drug or alcohol impaired driver.

DUI Court Program

The Superior Court of California DUI Court program Program is a court-supervised program for DUI offenders who have no violence, drug sales or gang activity in their past.

This voluntary program includes comprehensive treatment, supervision and regular court appearances throughout its minimum one year term.

Academy Court

The Orange County Superior Court DUI Court has been selected, for the 3rd time, as an "Academy Court" by the National Association of Drug Court Professionals (NADCP) and the National Center for DWI Courts (NCDC). This distinction makes it one of the top 4 DUI/DWI Courts in the United States. Our procedures and staff are used to train other Courts from across the United States who are interested in operating DUI/DWI Courts.

State Laws Relating to DUI
Vehicle Code Violation Minimum Sentence Maximum Sentence
VC 23152(a) or (b)
(see VC 23536, 23538)
With probation: either option A) or B) may be imposed.
(A) 48 hrs jail, fine ($390+PA), & A DMV Alcohol Program
(B) Fine ($390+PA) & DMV Alcohol Program
Without probation: 96 hrs jail & fine ($390+PA).
(a commercial license shall be suspended for 12 months if the offense occurred in a vehicle requiring a Class A or B license.)
6 months jail and $1000 + PA fine
VC 23152(a) or (b) w/ 1 prior conviction within 10 years
(see VC 23540, 23542)
With probation: either option A) or B) may be imposed.
(A) 96 hrs jail, fine $390+PA), & A 18 mo DMV Alcohol Program
(B) 10 days jail, & Fine ($390+PA)
Without probation: 90 days jail & fine ($390+PA).
(a commercial license shall be revoked for life if the offense occurred in a vehicle requiring a Class A or B license.)
1 year jail & $1000 + PA fine
VC 23152(a) or (b) w/ 2 prior conviction within 10 years
(see VC 23546, 23548)
With probation: 120 days jail, fine $390+PA), habitual traffic offender designation for 3 years & 18 mo DMV Alcohol Program(if not already completed).
Without probation: 120 days jail, fine $390+PA), habitual traffic offender designation for 3 years
1 year jail, $1000+PA fine, & habitual traffic offender designation for 3 years
VC 23152(a) or (b) w/ 3 prior conviction within 10 years
(see VC 23550, 23550.5, 23552)
With probation: 180 days jail, fine $390+PA), habitual traffic offender designation for 3 years & 18 mo DMV Alcohol Program(if not already completed).
Without probation: 180 days jail, fine $390+PA), habitual traffic offender designation for 3 years (This offense may be charged as a misdemeanor or felony at the discretion of DA)
Misdemeanor: 1 year jail, $1000+PA fine, & habitual traffic offender designation for 3 years

Felony: 16mo, 2 years or 3 years in State Prison
VC 23153(a) or (b)
(see VC 23554,23556)
With probation: 5 days jail, fine ($390+PA), & attendance at DMV alcohol Program.
Without probation: 90 days jail & fine ($390 + PA).
1 year jail & fine ($5000+PA)
VC 23153(a) or (b) w/ 1 prior conviction within 10 years
(see VC 23560, 23562)
With probation: either option A) or B) may be imposed. (A)120 days jail & fine ($390+PA) (B)30 days jail, Fine ($390+PA), & DMV 18 mo Alcohol Program.
Without probation: 120 days jail & fine ($390+PA)
1 year jail & fine ($5000+PA)
VC 23153(a) or (b) w/2 or more prior convictions w/in 10 years
(see VC 23566, 23568)
With probation: 1 year jail, fine ($390+PA), & DMV 18 mo Alcohol Program.
Without probation: 2 years state prison and fine ($1015+PA)
Felony, 2,3,4 years state prison & fine ($5000+PA)
VC 23103 pursuant to VC 23103.5
(this will be a prior for any future DUI charges within 10 years)
With probation: participate in an alcohol and drug treatment program.
Without probation: 5 days jail & Fine ($145+PA)
90 days jail & fine ($1000+PA)


DUI Enhancements Increase in punishment
VC 23577 (failure to submit to a chemical test) 1st Offense VC 23152a/b +48 hrs
2d Offense VC 23152a/b +96 hrs
3d Offense VC 23152a/b +10 days
4th or more Offense VC 23152a/b +18 days
 
1st Offense VC 23153a/b +48 hrs
2d Offense VC 23153a/b +96 hrs
(note: on a first offense for 23152 the additional time “may” be imposed. All other enhancements “shall” be imposed. These enhancements are consecutive to other minimum sentences).
VC23582 (Driving a vehicle 30 or more mph over the speed limit on a freeway or 20 or more mph over the speed limit on any street and in a reckless manner) 60 days jail consecutive to any other sentence
VC 23572 (one or more passengers in the vehicle was a minor under the age of 14 yrs) 1st Offense VC 23152a/b +48 hrs
2d Offense VC 23152a/b +10 days
3d Offense VC 23152a/b +30 days
4th or more Offense VC 23152a/b +90 days
(these are consecutive to any other min. sentence)


Other Vehicle Code Violations Minimum Sentence Maximum Sentence
VC 14601.2(a)
(see VC 14601.2(d)(1), (e) & (h))
With or without probation: 10 days jail, fine ($300+PA) & ignition interlock devise 6 months jail & fine ($1000+PA)
VC14601.2(a) within 5 years of prior VC 14601, 14601.1, 14601.2, or 14601.5 (see VC 14601.2(d(2),(f), & (h)) With or without probation: 30 days jail, fine ($300+PA) & ignition interlock devise If designated a “Habitual Traffic Offender”: 180 days jail & fine ($2000+PA) 1 year jail & fine ($2000+PA)
VC14601.2(a) within 7 years (more than 5) of prior VC 14601, 14601.1, 14601.2, or 14601.5 (see VC 14601.2(g) & (h)) With or without probation: 10 days jail, fine ($300+PA) & ignition interlock devise 6 months jail & fine ($1000+PA)
Useful Links
Resources
Community Courts Foundation

The Community Courts Foundation is a 501 (c) (3) nonprofit corporation formed to support the incredibly successful Collaborative Court Programs. The Foundation works closely with the Courts by providing participants with services and support that help them satisfy program requirements, overcome obstacles during recovery and develop the life skills and confidence they need to become productive members of society. The Foundation provides the following support and services to program participants and graduates:

  • Emergency dental services
  • Eye exams and lenses
  • Transportation vouchers
  • Civic and cultural events & activities
  • Educational workshops
  • Linkage to existing resources
  • Educational assistance & guidance
  • Alumni support & mentoring

http://www.communitycourtsfoundation.org/ 


NCDC

The mission of the NCDC is to raise awareness about the success of DWI Courts, provide training, technical assistance and research to DWI Courts, and establish new DWI Courts.

NCDC 

DUI Video
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