Contrary to popular belief, being charged with a DUI is not a simple traffic ticket or an infraction!
Driving under the influence is a criminal offense and carries criminal and civil penalties as well as much heftier monetary fines than a ticket.
When you are arrested for a DUI your citation will note charges of California Vehicle Code
Sections:
23152(a) It is a misdemeanor to drive under the influence of alcohol and/or drugs.
23152(b) It is a misdemeanor to drive with .08% or more of alcohol in your blood.
These two charges are your typical DUI offenses that involve no injury to person or property. You may be charged with only one of these violations or both. If you are charged with both, which often happens, the law states that you can only be punished for one.
Criminally, if you have no other misdemeanor DUI convictions in the last 7 years, you are looking at:
- Fines
- Possible jail time
- Possible mandatory alcohol/drug abuse classes
- Probation
- Possible assessments added by the judge.
The courts are required to charge an additional fee based on the amount of fines imposed. These assessments normally equal or double the amount of fines, which can be up to $1000.00. The judge, at his discretion can impound your car or order an ignition interlock device be installed on your car. The court may or may not suspend your license. Recent trends have shown that the court is more willing to let the DMV handle an offender’s license suspension.
If you have prior DUI convictions within the last 7 years of your current one, be prepared to suffer harsher penalties than the possible ones listed above. These heightened penalties may include:
- Mandatory jail or prison time
- Most assuredly higher fines are imposed
- Longer license suspensions.
If you have committed an offense in conjunction with the DUI such as excessive speed or a criminal act, you will also be facing harsher penalties.
If you receive a DUI and have happened to injure or kill someone the offense becomes a felony. A felony DUI conviction you may be facing:
- Prison along with the fines
- Assessments
- Impounding of your car
- Mandatory treatment classes.
In addition to the criminal prosecution, the DMV will impose its own penalties against your driving privileges. You MUST request a DMV hearing in order to defend your privileges, within 10 days of receiving a DUI.
First time offenders, if you do not get a hearing, your license will be suspended for a minimum of 60 days.
If you are a repeat offender, obviously the DMV will be compelled to suspend your license for longer.
As you can see, DUI’s are NOT taken lightly in the state of California. Having an experienced and reputable attorney is really your best option for avoiding some of these penalties. A practicing attorney often has a working relationship with the prosecutor, meaning they know how to communicate for you, in order to achieve your goal of less punishment. Many times, a better deal can be worked out.
If you have been charged with a DUI and are serious about pursuing a defense, fill out our
Free Case Evaluation, or call us at 626-355-7539