IMPORTANT CHANGES TO THE SENTENCING GUIDELINES
FOR SAN LUIS OBISPO COUNTY
(Effective October 2008)
DRIVING UNDER THE INFLUENCE OF DRUGS OR ALCOHOL
[Vehicle Code §23152(a)(b)]
FIRST OFFENSE
1. 3 to 5 years probation
2. $1,775 fine
3. 90-day driver license restriction
4. DUI school. Cost for three month program is $615
5. Two days in County Jail
6. Sentencing Matrix
a) 0.08 to 0.14% blood alcohol content- 2 days County Jail
b) 0.15% to 0.19%- 5 days County Jail
c) 0.20% or refusal 10 days in County Jail
DUI Enhancements
1 0.15% blood alcohol extended DUI program
2. Under age 21 1 year California Driver License suspension. Can get an exception based upon critical need.
3. Minor passenger under age of 14 48 hours County Jail
4. Excessive speed Additional and consecutive 60 days in County Jail if 30 MPH over speed limit on freeway or 20 MPH over speed limit on other street or highway
SECOND OFFENSE
1. 3 to 5 years probation
2. $1,971 fine
3. Second offender DUI school. Cost for program is $1,803
4. Impoundment of vehicle for up to 30 days if prior is within five years unless an interest of justice exception is placed on the record and in the minutes
5. Sentencing Matrix
a) 0.08 to 0.14% blood alcohol content
i. Prior over five years old 10 days in County Jail
ii. Prior one to five years old 20 days in County Jail
iii. Prior within one year 30 days County Jail
b) 0.15 to 0.19% - 45 days in County Jail
c) 0.20% or refusal 60 days in County Jail
d) If no probation, 90 days in County Jail
THIRD OFFENSE
1. 3 to 5 years probation
2. $1,971 fine
3. Three year suspension of California Driver License
4. Second offender DUI school. Cost of program is $1,803
5. Impoundment of vehicle unless finding of unusual circumstances is made on placed on the record and in minutes.
6. Sentencing Matrix
a) 0.08 to 0.14% blood alcohol content 120 days in County Jail
b) 0.15 to 0.19% - 150 days in County Jail
c) 0.20% or refusal 180 days in County Jail
WET RECKLESS [Vehicle Code §23103/23103.5]
1. 18 months probation
2. $825 fine
3. Alcohol related reckless driving school
4. 20 hours of community work service
5. Sentencing Matrix
a) Prior 5 to 10 days in County Jail
b) Two priors 30 days in County Jail
c) Three priors 60 days in County Jail
d) Four or more priors 90 days in County Jail
BOATING OR SKIING UNDER THE INFLUENCE OF DRUGS OR ALCOHOL
[Harbor & Navigation Coder §655]
Same penalties as wet reckless (see above).
DRIVING WITH A SUSPENDED LICENSE
[Vehicle Code §14601.1]
1. 12 months probation
2. $491 fine
3. Sentencing Matrix
a) 1 prior 2 days in County Jail
b) 2 priors 5 days in County Jail
c) 3 priors 15 days in County Jail
d) 4 priors 30 days in County Jail
e) 5 priors 45 days in County Jail
f) 6 priors 60 days in County Jail
DRIVING WITH A SUSPENDED LICENSE DUE TO DUI (LICENSE SUSPENDED OR REVOKED FOR DUI)
[ Vehicle Code §14601.2]
1. One year probation
2. $491 fine
3. Sentencing Matrix
a) No priors 10 days in County Jail
b) 1 prior within 7 years 45 days in County Jail
c) 2 priors within 7 years 60 days in County Jail
HIT-AND-RUN WITH PROPERTY DAMAGE
[Vehicle Code §20002]
1. One year probation
2. Restitution
3. $1,191 fine
4. Up to 100 hours community work service
5. Up to 5 days in County Jail
CONTEMPT OF COURT
[Penal Code §166]
1. Minimum 10 days in County Jail
2. $600 fine
SALE OF ALCOHOL TO A MINOR
[Business and Professions Code §25658(a)]
1. One year conditional sentence
2. $3,720 fine
3. 20 hours of community work service
PROBATION VIOLATIONS (adjudicated before contested hearings)
1. Dissimilar conduct 2 days in County Jail
2. Similar conduct 5 days in County Jail
3. Same conduct 10 days in County Jail
