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PUNISHMENTS AND SENTENCING FOR DRIVING UNDER THE INFLUENCE CASES IN CALIFORNIA

Posted by Vitaly Sigal | Apr 08, 2011 | 0 Comments

Often times as a Los Angeles criminal defense attorney who handles a wide array of Driving Under the Influence (DUI) cases you run into persons who are charged with a DUI crime multiple times. When you have a prior DUI conviction and are again charged with driving under the influence, the penalties and consequences can differ greatly.

It is imperative for a person who is charged with a DUI to contact a criminal attorney will be able to navigate through the complicated web of courts and Department of Motor Vehicles (DMV) hearings. In this blog I will deal with the possible court and DMV consequences of a DUI conviction both as a first time offender and for subsequent criminal charges of DUI.

CONSEQUENCES OF A FIRST TIME DUI OFFENSE

THE COURT

The maximum penalties that a court may impose on a first time DUI are as follows:

  • 48 hours to 6 months in jail (but this can generally be avoided if handled properly by an experienced criminal defense attorney)
  • Fines and penalties usually in the range of $1,800.00
  • 3 to 5 years probation
  • A 3 month first offender DUI treatment program or a 9 month for a high blood alcohol content or if the person refused to submit to a test
  • Mandatory alcoholics anonymous classes or other programs as required by the court
  • Require an Ignition Interlock Device (in certain counties)

THE DMV

If it is found at a DMV hearing that a person was driving with a blood alcohol content of .08 or higher, the DMV will impose the following:

  • A 4 to 6 month license suspension

Often times, we have been able to obtain for our clients a restricted license to drive to and from work if they complete certain steps and other times we have avoided a license suspension altogether. Only an experienced criminal defense lawyer who has knowledge of the system can help you get through the often confusing maze at the DMV. For a free consultation call SIGAL LAW GROUP today at 888 335-6008

CONSEQUENCES OF A SECOND TIME DUI OFFENSE

The maximum penalties that a court may impose on a second time DUI, within ten years, are as follows:

THE COURT

  • A jail term of either (a) 10 days to 1 year or (b) 96 hours to 1 year
  • Fines and penalties usually in the range of $1,800.00
  • 3 to 5 years probation
  • An 18 month DUI treatment program
  • Mandatory alcoholics anonymous classes or other programs as required by the court
  • Require an Ignition Interlock Device
  • Community Service

THE DMV

If it is found at a DMV hearing that a person was driving with a blood alcohol content of .08 or higher, the DMV will impose the following:

  • A two year license suspension

CONSEQUENCES OF A THIRD TIME DUI OFFENSE

The maximum penalties that a court may impose on a third time DUI, within ten years, are as follows:

THE COURT

  • A jail term of 120 days to 1 year
  • Fines and penalties usually in the range of $1,800.00
  • 3 to 5 years probation
  • An 18 month DUI treatment program
  • Mandatory alcoholics anonymous classes or other programs as required by the court
  • Require an Ignition Interlock Device
  • Possible seizure of a person's vehicle
  • Possible habitual Offender designation
  • Community Service

As you can see the consequences for a DUI greatly increase every time a person is arrested for the crime. If you or someone you love is arrested for a DUI especially if it is not their first time, the best thing you can do is hire an experienced criminal defense lawyer who can fight the case and help avoid the penalties and punishments associated with the crime of DUI.

THE DMV

If it is found at a DMV hearing that a person was driving with a blood alcohol content of .08 or higher, the DMV will impose the following:

  • A Three year license suspension

CONSEQUENCES OF A FOURTH TIME DUI OFFENSE

The maximum penalties that a court may impose on a fourth time DUI, within ten years of previous convictions, are as follows:

THE COURT

  • A jail term of either 180 days to 1 year but it may also be charged as a felony and the possible jail term can be 16 months, 2 years or 3 years in the State Prison;
  • Fines and penalties usually in the range of $1,800.00
  • 3 to 5 years probation
  • An 18 month DUI treatment program
  • Mandatory alcoholics anonymous classes or other programs as required by the court
  • Require an Ignition Interlock Device
  • Possible seizure of a person's vehicle
  • Possible habitual Offender designation
  • Community Service

THE DMV

If it is found at a DMV hearing that a person was driving with a blood alcohol content of .08 or higher, the DMV will impose A Four year license suspension

This chart is intended to merely to assist you in reviewing and assessing the possible punishments for the crime of DUI it is not intended to be construed as legal advice as every criminal case is unique and only a criminal defense attorney who has experience working with DUI cases and is familiarized with the facts if your particular case can fully advise you.

If you or someone you love is charged with the crime of DUI whether it is the first time or a subsequent charge call SIGAL LAW GROUP for a free consultation. CALL  818 325-0570

About the Author

Vitaly Sigal

Vitaly Sigal Sigal Law Group Owner 355 S. Grand Ave, Suite 2450 Los Angeles, CA 90071 (213) 620-0212 Vitaly Sigal has extensive trial experience and is not afraid to take your case to trial if necessary. From straightforward to complex litigation, Mr. Sigal handles every case with the same i...

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