What is reasonable punishment for a 2001 dui in California that was never dealt with but recently arrested for in Oregon?

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My husband was arrested in Oregon under a warrant for 2001 dui in California on 4/5/09 under Fugitive of the Law of California. He's been sitting in Oregon jail since and Cal's DA office keeps giving me false information re: how they're handling the case and passes responsibility to Oregon. Job at stake. DA won't take my calls.

Attorney Answers

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George Mueller ·
Criminal (Misdemeanor) Sentences for Driving Under the Influence of alcohol and/or drugs (Vehicle Code Section 23152) OFFENSE MINIMUM AND MAXIMUM SENTENCES WHEN PROBATION IS GRANTED MINIMUM AND MAXIMUM SENTENCES WITHOUT PROBATION WITH OR WITHOUT PROBATION FIRST OFFENSE within 10 years Attendance at an alcohol/drug program, a fine of $390 to $1,000, plus substantial, mandatory penalty assessments (totalling up to an additional 280% apx.), plus either (A) 48 hours to 6 months jail and 10 months license suspension; or (B) a license restriction to and from work, during work and to and from DUI program following any DMV suspension (if no refusal). 96 hours to 6 months in jail, $390 to $1,000 fine, and a 10-month license suspension. May impound vehicle for 6 months. Up to 3 years ignition interlock device (IID), and Additional Jail if Child Passenger, if 30 mph over speed limit on freeway or if 20 mph over speed limit on other roads, if Refusal of chemical test, or if .15% BAC or more. SECOND OFFENSE within 10 years Attendance at 18-30 month alcohol/drug program, a fine of $390 to $1,000 plus substantial, mandatory penalty assessments, 96 hours to 1 year in jail, installation of ignition interlock (IID) device for up to 3 years, and 2 year license suspension, with a possible license restriction to and from work, during work and to and from DUI program after 1 year of suspension and completion of DUI program. However, your license shall be suspended if the offense occurred in a vehicle which requires a class 1, 2, A or B license. 90 days to 1 year in jail, $390 to $1,000 fine plus substantial, mandatory penalty assessments, IID up to 3 years, and 2 year license suspension. THIRD OFFENSE within 10 years 120 days to 1 year in jail, $390 to $1,000 fine plus substantial, mandatory penalty assessments, a 3-year license revocation, and an 18-month alcohol/drug program if you have not completed one before. 120 days to 1 year in jail, $390 to $1,000 fine, and a 3-year license revocation. FOURTH OR SUBSEQUENT OFFENSE within 10 years 120 days to 1 year in jail, $390 to $1,000 fine plus substantial, mandatory penalty assessments, a 4-year license revocation, and an 18-month alcohol/drug program if you have not completed one before. 16 months, or 2 or 3 years in state prison, or 180 days to 1 year in county jail; $390 to $1,000 fine, and a 4-year license revocation. DMV Penalties for Driving Under the Influence of alcohol and/or drugs OFFENSE BAC/REFUSAL SENTENCE FIRST OFFENSE .08 or greater 4-month suspension " " Refusal 1 year suspension SECOND OFFENSE within 10 years .08 or greater 1 year suspension " " Refusal 2 year revocation THIRD OFFENSE within 10 years .08 or greater 3 year revocation " " Refusal 3 year revocation FOURTH OFFENSE within 10 years .08 or greater 4 year revocation " " Refusal 4 year revocation DMV Suspension if .01% while on Probation DMV shall immediately suspend the privilege of a person to operate a motor vehicle: ...if the person was on probation for Vehicle Code Section 23152 or 23153, and the person blows .01% or more, as measured by a preliminary alcohol screening test or other chemical test. Driving on a Suspended License Mandatory Jail Penalty If you drive when your privilege is suspended or revoked for driving under the influence of alcohol, upon a first conviction, you face imprisonment in the county jail for not less than 10 days or more than six months and by a fine of not less than $300 nor more than $1,000. [California Vehicle Code section 14601.2(a)] http://sandiegodui.com/penalty.html
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Brian Andritch ·
The possible sentence depends on many things. Did the DUI involve an accident? If so, was if filed as a misdemeanor or felony. If here was no accident you still need to provide additional information. Does your husband have any prior DUI'S? What was his blood alcohol? Due to the age of the case, there may be issues that prevent the District Attorney from prosecuting. What were the circumstances of your husband not appearing in court? Was the case timely filed? Did your husband ever get notice that the case was filed or that there was a warrant outstanding. Mr. Mueller's answer goes into great detail regarding the consequences of a DUI, but if you would like a more specific answer you need to provide additional information. Brian Andritch www.jeffhammerschmidt.com
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Paul Geller ·
Although I could lay out the potential punishment, you can see that already from other posts. However, my question really is about your husband's situation and background. If it is simply a first offense, no priors DUI, he probably won't get extradited. He COULD, but I'm just speaking practically - California may just tell Oregon they're not going to extradite for a single, first offense misdemeanor DUI. I would contact an attorney in Oregon as to how best to proceed.
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