6. Court Probation
Read Your Sentencing Order And Stay Out Of Trouble!
Your attorney should inform you that there are multiple obligations imposed at sentencing in Mendocino County, such as fines, DUI classes, jail, etc. Although the court and even your Ukiah lawyer may detail the consequences of a DUI sentence prior, during and subsequent to a sentencing, nevertheless you are best served by reading your Mendocino County Superior Court papers immediately, asking questions, and confirming your understandings. Inadvertent errors do happen, therefore your own independent understanding and diligence is critical to preventing confusion, mistakes or omissions, and possibly serious consequences.
In Mendocino County, at the time of sentencing, you or your lawyer will receive a "Clerk's Docket & Minutes" and an "Order of Summary Probation" from the court showing every item recorded by the Ukiah courtroom clerk, including the court's specific sentencing orders (usually these are part of the court's probation order) regarding jail, fines, drinking driver program, dates, durations, even special orders for multiple offenders such as staying out of bars and abstaining from alcohol possession/use, etc. The reverse of the Order of Summary Probation (page two in the linked document highlighted above) contains addresses and phone numbers of various compliance agencies for the typical Mendocino County DUI offender. Click here to see a typical Mendocino High Alcohol Probation Order or here to see a typical Mendocino Wet Reckless Probation Order, or here to see a typical Mendocino Second DUI Probation Order.
For other north bay counties, click here to see a typical first DUI Sonoma Probation Order, or here for a Marin Probation Order, or here for a (high alcohol test) Napa Probation Order.
The Conditional Sentence.
Most Mendocino County DUI convictions result in this informal court probation (also called a "conditional sentence") described above, which does not require monthly reports or any restriction on your travel. Simply put, your DUI resolution in court is conditioned upon you satisfying any affirmative obligations, and having no adverse police contact during this period or else you will risk further punishment in this case (in addition to the new trouble, of course). The standard probation period in Mendocino County is five years for a DUI, or three years for a Wet Reckless.
Typical Court Probation Terms.
Your Mendocino County DUI attorney will inform you that jail (or jail alternatives), fines, and DUI program enrollment and completion, are a key part of this informal probation, and failure to follow through on these obligations will likely result in a new charge of violating probation (including warrants, new Ukiah court appearances, and complications expunging this case later).
In addition to these sentencing requirements, Mendocino County court probation typically includes a catch-all condition of sentence that you be of good conduct and obey all laws, do not drive unless validly licensed and insured, and do not drive with any measurable alcohol in your body (as compared to before conviction when you could have up to .08%). New penalty provisions regarding driving with measurable alcohol are discussed below. In addition, informal probationers waive search and seizure defenses during this period and agree to submit to chemical testing pursuant to a lawful order by a Mendocino County peace officer; these waivers and agreements typically will not become relevant unless there is police contact.
Normally all of these and other probation conditions will be included on your Mendocino County court probation/sentencing order (click on the example in the second paragraph of this section, above). If your case included a relatively high blood alcohol concentration (over .15%) or this is your second or higher DUI, then you may be subject to further conditions, such as refraining from alcohol possession and use, and staying out of places where alcohol is the primary item for sale, etc.
Third DUI sentencing and probation terms vary widely depending on individual circumstances Such convictions typically include a designation as a Habitual Traffic Offender pursuant to Penal Code 193.7 and Vehicle Code 14601.3. Convictions involving drug use or possession often include probation terms requiring periodic random drug testing in addition to the terms described above.
Looking Up The Law.
Understand that probation orders and sentencing components are highly discretionary with the judge in any criminal matter, and are normally tailored to specific aggravating and mitigating factors in each unique case. If you wish to see applicable laws containing the range of DUI sentencing options and consequences in Mendocino County, you may ask a DUI defense lawyer, or click on Resources on this site and then under "self help resources" click on the California vehicle code. Most of the Mendocino County superior court's mandatory and discretionary DUI sentencing components are contained in California vehicle code sections 23536-23552, 23554-23568, 23572, 23573-23582, 23592-23596, 23598, and 23600-23602.
Juvenile Offenders.
If you are under age 18, special Mendocino County juvenile court proceedings may apply to you at the Juvenile Court in Ukiah. Mendocino DUI lawyers will inform you that a typical Mendocino County juvenile DUI conviction requires more formalized probation (including random drug/alcohol testing), community service, one-year license suspension, DUI youth classes and a modest fine.
Although juvenile criminal records are sealed at age 18, DMV records will continue to show juvenile DUI suspensions (typically one year) for at least 10 years following an incident. The following link is an example of a 22 year old man's DMV driving record showing one juvenile alcohol suspension with .03% alcohol (age 16), one minor DUI with .08/.07% alcohol (age 20), two suspended license cases, and one adult DUI with .11/.12% alcohol (age 22): Juvenile DMV Record.
Old Sentencing Orders.
If your case resolved in the past and you lost or never received a copy of your Mendocino County superior court probation order, and you wish to review precisely what was ordered by the court, you may appear at the Mendocino County criminal clerk's office at the main courthouse in Ukiah and ask for a copy of the entire "docket" or court history and copy of the orders; this is a valuable recorded history of everything that actually transpired in your Mendocino County court case and can often refresh recollections and clear up misunderstandings of precise resolutions, probation durations, time served, etc...
Don't Drive With Any Alcohol In Your Body.
Mendocino County DUI defense attorneys warn that it is absolutely critical that you refrain from driving with any alcohol in your system at all during your probationary period. Beginning January 1, 2009, it is unlawful in California for a person who is on probation for a DUI (not wet reckless) to operate a motor vehicle at any time with a blood-alcohol concentration of .01 or greater as shown on any preliminary breath machine or actual breath or blood test. If you are found guilty of this act in Mendocino County then your driver license likely will be suspended for a minimum one year ( refusals would be even longer) with no possibility of a restricted work license. (CVC 13389, 23154, 13353.1, 13353.2, 13353.3). Click here to see an example of such a DMV Probation Violation Suspension Order.