DUI in Different Counties

People arrested for driving under the influence often wonder whether the location of their arrest or conviction will significantly change the way their case is handled. In California, DUI offenses are primarily governed by the same statutes statewide, specifically those found in the California Vehicle Code. Despite these overarching state laws, local practices, court policies, and prosecutorial approaches can vary from county to county. These variations become especially relevant when a defendant is either arrested in a different county from where they reside or intends to move to a new county after being placed on probation. Understanding how local differences may influence the prosecution, probation terms, and sentencing requirements is crucial in effectively navigating a DUI charge, which is why having a skilled DUI defense lawyer is imperative for your success.

Driving under the influence of alcohol or drugs is prohibited throughout California under various sections of the Vehicle Code, most notably Vehicle Code § 23152. The two most common subsections are 23152(a) and 23152(b). Under 23152(a), it is unlawful to drive a vehicle while under the influence of any alcoholic beverage, and 23152(b), it is unlawful to drive with a blood alcohol concentration (BAC) of 0.08% or greater. In situations where a driver allegedly causes injury to another person, charges may be enhanced under Vehicle Code § 23153. While these state statutes apply evenly across all California counties, how local prosecutors choose to charge and pursue DUI matters can differ. Certain counties may have more aggressive approaches to plea bargaining, probation conditions, or sentencing recommendations. In addition, judges and probation departments often have county-specific programs that might affect how quickly and easily a defendant can complete required classes or community labor obligations.

Although DUIs are primarily defined under the Vehicle Code, certain Penal Code sections also come into play when a person is convicted of a DUI. Penal Code § 1203 sets forth general rules regarding probation in California criminal cases. Many DUI defendants are placed on “summary” or “informal” probation, meaning they do not report to a probation officer but must comply with specific court-ordered terms. In more serious cases—or if a person has multiple prior DUI convictions—the judge may impose “formal” probation. That scenario requires a defendant to regularly check in with a probation officer in the county where they were sentenced, and any transfer of formal probation to a different county or different state typically requires formal court approval and coordination between probation offices.

Another relevant Penal Code section is § 654, which prevents multiple punishments for the same act. In DUI cases, this means a defendant cannot be punished for both driving under the influence (Vehicle Code § 23152(a)) and driving with a BAC of 0.08% or greater (Vehicle Code § 23152(b)) if it arises from the same incident; the counts would merge for sentencing purposes.

Furthermore, Penal Code §§ 191.5 and 192(c)(3) address vehicular manslaughter while intoxicated, outlining different levels of culpability and corresponding penalties based on ordinary or gross negligence. These sections become critical in DUI cases involving fatalities.

When a DUI case goes to trial, the court will provide jurors with instructions to guide their deliberations. California’s pattern jury instructions for criminal cases, called CALCRIM, include specific instructions on DUI.

CALCRIM 2110 outlines what it means to be “under the influence” of alcohol or drugs. It clarifies that a person is under the influence if their mental or physical abilities are so impaired that they can no longer drive a vehicle with the caution of a sober person, using ordinary care, under similar circumstances. The instruction also notes that the manner of driving alone is not sufficient to determine impairment but is a factor to be considered. If the prosecution proves beyond a reasonable doubt that the defendant's BAC was 0.08% or more at the time of the chemical analysis, the jury may, but is not required to, conclude that the defendant was under the influence of an alcoholic beverage at the time of the alleged offense.

If the charge includes having a BAC of 0.08% or higher under Vehicle Code § 23152(b), the jury is typically instructed on CALCRIM 2111, which specifies that if the People have proved beyond a reasonable doubt that the defendant’s blood alcohol level was 0.08 percent or more at the time of testing, the defendant was per se under the influence of an alcoholic beverage.

When injuries are involved, the instructions can expand to include definitions of “bodily injury” and what the prosecution must prove regarding causation, often referencing CALCRIM 2100 for Driving a Vehicle or Operating a Vessel Under the Influence Causing Injury.

Regardless of the county in which a defendant is charged, these instructions stem from statewide judicial guidelines. However, practical considerations—like a jury’s local attitudes, beliefs, or experiences—can differ from one county to another and may influence how a case is decided at trial.

In California, DUI sentencing is governed by multiple sections of the Vehicle Code, including §§ 23536–23552, as well as local court policies and programs that can lead to variations across counties.

First Offense. A first-time DUI offense within ten years is typically a misdemeanor. Penalties can include:

• 96 hours to six months in county jail
• Fines ranging from $390 to $1,000 (which can total thousands with fees and assessments),
• Three to nine-month alcohol and/or drug education program (AB541 class) and a driver's license suspension of six to ten months. I
• An Ignition Interlock Device (IID) may be required for six months, allowing the individual to drive without restrictions during the suspension period.
• Probation for a first offense is usually informal and lasts three to five years, with conditions including not driving with any measurable amount of alcohol in the blood and submitting to chemical tests if arrested for a future DUI.

Second Offense. A second DUI conviction within ten years is also a misdemeanor, carrying harsher penalties. These can include:

• 90 days to one year in jail
• Fines from $390 to $1,000 plus significant penalty assessments
• An 18 to 30-month alcohol and/or drug education program (SB 38 class), and a two-year driver's license suspension.
• An IID is typically mandatory for one year.
• Probation usually lasts three to five years.

Third Offense. A third DUI conviction within ten years remains a misdemeanor in most cases, with even more severe consequences. These may involve:

• 120 days to one year in jail, fines from $390 to $1,000
• Substantial fees
• 30-month alcohol and/or drug education program
• Three-year driver's license revocation (though a restricted license with an IID for two years may be possible after a certain period).
• Probation typically lasts three to five years.

Fourth and Subsequent Offenses. A fourth or subsequent DUI conviction within ten years can be charged as either a misdemeanor or a felony (a "wobbler"). Misdemeanor penalties include:

• 180 days to one year in jail, while felony penalties can range from 16 months to three years in state prison.
• Fines can be up to $1,000, though associated costs can exceed $10,000.
• A 30-month DUI education program and a four-year driver's license revocation (with a possible IID requirement for three years upon reinstatement) are also common.
• Felony convictions carry the possibility of extended formal probation.

DUI Causing Injury. Driving under the influence and causing bodily injury to another person (Vehicle Code § 23153) can be charged as a misdemeanor or a felony. Misdemeanor penalties include:

• Five days to one year in county jail
• Fines up to $5,000, a 3, 18, or 30-month alcohol/drug program
• A one-year license suspension (with potential IID).

Felony penalties can result in:

• 16 months to three years in state prison (or up to ten years if great bodily injury is involved)
• Fines range from $1,015 to $5,000
• An 18 or 30-month alcohol/drug program
• License suspension of up to five years.

Despite the statewide statutes, local courts and probation departments often have specific programs and conditions. For example, Los Angeles County may require attendance in the Hospital and Morgue (HAM) Program or community labor through Caltrans. Other counties might mandate participation in MADD Victim Impact Panels or county-specific work alternative programs. These local requirements can pose challenges for individuals residing outside the county of conviction, often necessitating defense counsel to request alternativeprograms in the defendant’s home county.

California has implemented the IID Pilot Programs in Los Angeles, Alameda, Sacramento, and Tulare counties. If a DUI conviction occurs in one of these counties, an IID is mandatory for a specified period, regardless of the defendant's residence. The duration of the IID requirement varies based on the number of prior DUI convictions, ranging from six months for a first offense in a pilot county to three years for a fourth offense.

Defendants on formal probation must report to the probation department in the county of conviction. Transferring probation to another county requires the receiving county's willingness to accept supervision and the sentencing judge's approval, which can be a time-consuming process. For informal probation, while there is no probation officer, defendants must still adhere to court-ordered terms. Completing DUI education programs outside the sentencing county is often permitted, as state-certified programs exist in most counties. However, it is crucial to ensure the judge or prosecutor approves this, especially if the sentencing county has unique programs like Los Angeles County’s HAM program.

Several factors can enhance DUI sentencing. These include:

• Having a high BAC (e.g., 0.15% or higher)
• Refusing to submit to a chemical test
• Speeding excessively while DUI (30 mph over on a freeway or 20 mph over on other roads)
• Having a minor under 14 in the vehicle.
• Repeat offenses also trigger mandatory minimum jail sentences.

Anyone facing a DUI charge in California should promptly seek legal counsel. An experienced DUI attorney can navigate the complexities of both statewide laws and local court practices, advocating for the best possible outcome. For those arrested in a county outside their residence, early legal intervention is crucial to address issues like IID requirements, probation conditions, and local programs. At Kraut Law Group Criminal & DUI Lawyers, we can assist with transferring probation or modifying conditions for clients planning a move after a conviction. Understanding the nuances of DUI laws and the potential variations across California counties is essential for a robust defense.

If you or a loved one is dealing with a DUI case involving different counties, consulting with an experienced DUI attorney is vital to ensure your rights are protected and you can navigate the legal process effectively. For more information about DUI in different counties and to schedule your free consultation, contact Michael Kraut at the Kraut Law Group Criminal & DUI Lawyers, Inc., located at 6255 Sunset Boulevard, Suite 1520, Los Angeles, CA 90028. Mr. Kraut can be reached 24/7 at 888-334-6344 or 323-464-6453.