the dui anatomy of a flowchart

Types of DUI Charges in Napa County 

California DUI Lawyers

At Wilber Law Offices, P.C., we understand the nuances of DUI law and provide expert legal representation for individuals facing various types of DUI charges in Napa County. Our experienced attorneys are dedicated to protecting your rights and achieving the best possible outcome for your case.

Contact our team today at (707) 289-7006 to discuss your California DUI case in a FREE consultation with a lawyer near you!

Types of DUI Charges in Napa County

California law mandates that many of the penalties for a DUI are consistent across the state. However, an experienced Napa County DUI attorney familiar with the local court system can often negotiate a more favorable outcome for your case.

First Time DUI

A first-time DUI conviction in Napa County carries both legal and administrative penalties:

  • Jail Time: A minimum of two days in jail, with credit for time served. Alternative programs such as work release or electronic home confinement may be available.
  • Probation: Informal probation for three years, with conditions such as abstaining from alcohol and completing a DUI education program.
  • License Suspension: Six-month suspension by the DMV, with the possibility of a restricted license after 30 days.
  • Fines: Approximately $2,500, payable through monthly installments.
  • DUI Education Program: Three-month program for BAC levels below .19% or nine-month program for BAC levels .20% or above.

Second DUI Within 10 Years

Penalties for a second DUI in Napa County increase with prior convictions:

  • Jail Time: Mandatory minimum of 10 days, with a typical offer of 30 days by the prosecution.
  • Probation: Three or four years with mandatory alcohol abstinence.
  • License Suspension: One-year suspension, with the possibility of a restricted license after 90 days.
  • Fines: Approximately $2,500.
  • DUI Education Program: 18-month program.
  • Ignition Interlock Device (IID): Required for restricted license eligibility.

Third DUI Within 10 Years

A third DUI offense in Napa County results in severe penalties:

  • Jail Time: Mandatory minimum of 120 days.
  • Probation: Three to five years with mandatory alcohol abstinence and possibly residential treatment.
  • License Suspension: Up to three years.
  • Fines: Approximately $2,500.
  • IID Requirement: Mandatory installation on any vehicle owned or operated.
  • DUI Education Program: 18-month program.
  • Designation as Habitual Traffic Offender: By the DMV.

Wet Reckless

A wet reckless is a reduced charge from a first-time DUI:

  • Charge: Alcohol-related reckless driving under Vehicle Code section 23103.5.
  • Conditions: Typically offered in plea bargaining for cases with low BAC levels or mitigating circumstances.
  • Penalties: Fine of approximately $900, 24 months probation, and six-week DUI school.
  • Impact: Treated as a first DUI if charged again within 10 years.

Felony DUI

A felony DUI charge applies to individuals with three or more prior DUI or wet reckless convictions within the last 10 years:

  • Penalties: Potential prison sentence, mandatory jail time, fines, DUI school, and license suspensions.

DUI Causing Injury

DUIs involving injury to another person can result in misdemeanor or felony charges:

  • Penalties: Jail time or prison time depending on the severity of injuries and prior offenses.

Contact our team today at (707) 289-7006 to discuss your California DUI case in a FREE consultation with a attorney near you!


Can DUI charges be dismissed?

DUI charges can be dismissed under certain circumstances, such as lack of probable cause for the traffic stop, procedural errors during the arrest, or insufficient evidence to prove impairment beyond a reasonable doubt.

How long does a DUI stay on my record?

A DUI conviction typically stays on your driving record for 10 years in California. It can also remain on your criminal record unless expunged, affecting employment opportunities and other aspects of your life.

Can I plea bargain to a lesser charge?

Plea bargaining to a lesser charge, such as wet reckless, is possible in some DUI cases. However, whether a plea bargain is available depends on factors such as the strength of the prosecution's case and your prior criminal history.

How can I get my driver's license back after a DUI suspension?

You may be able to regain your driving privileges after a DUI suspension by completing all required steps, such as serving your suspension period, attending DUI education programs, and installing an ignition interlock device (IID) if required. An attorney can help you navigate the process and petition for license reinstatement.

No Jail Time
Client charged with a violation of probation and 3rd DUI - a wet reckless with no jail time was offered prior to the start of litigation of a suppression motion.
  • Case Dismissed
    Battery charge dismissed halfway through trial, and the jury hung on the resisting charge.
  • Case Dismissed
    But case later overturned on appeal based on arguments made by our counsel during the trial that the blood test was inadmissible and that there was no time of driving established by the evidence.
  • “Awesome, awesome firm. Ryan by far excided my expectations. He has a close relationship with all the players in Napa county's the DA's office. Has worked with them for many years.” - Shaun K.
  • “My husbands case was resolved fairly and no jail time :). I HIGHLY RECOMMEND RYAN WILBER'S SERVICES TO ALL MY FAMILY AND FRIENDS.” - Astrid M.
  • “If you need legal help I fully recommend them! If your looking for an experienced trial lawyer this is the team you want to hire.” - William H.

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