Garden Grove DUI Lawyers
- Vu, Hieu: DUI The heavy burden, costs and inconvenience that occur with every Driving Under the Influence arrest are extreme, but the cases can be successfully defended based on the facts of your case. If you or a loved one has been arrested for DUI-Drunk Driving, , Driving Under the Influence or another crime, it is essential to have competent DUI-Drunk Driving criminal defense representation to protect your rights. Consequences of the First DUI The minimum and max penalties for a first time DUI are codified in Vehicle Code 23536. These include possible jail sentence, fines, probationary periods and conditions and alcohol education programs. If no probation is granted, vehicle code Vehicle Code 23536 requires a minimum of 96 hours of jail time at least 48 of which shall be continuous. It is possible to fit this into your work schedule. For example, you can go to work Monday thru Friday, then spend your weekends in jail. There are also fines and license issues that come with getting a DUI. The fine for a DUI can range anywhere from $390 to $1000 dollars. Pursuant to California Vehicle Code 13352, youÕre looking at a six month suspension. If probation is granted, the court may (has discretion) as a condition of probation require a minimum of 48 hours in jail and a maximum of 6 months. The fines and license issues are the same as no probation. However, you will be required to take an Ab-541 case. The length of your class depends on your test results. If you have .20 or less then you may attend the 31/2 month long class. If you have .20 then you are looking at a 6-9 month long class. The length of your probation can be anywhere from a minimum of 3 years to a maximum of 5 years. You may not drive with any measurable amount of alcohol, are required to submit to a chemical test if you are pulled over, and must not commit any criminal offense. Depending on the facts of your case, you may be looking at restitution, community service, Caltrans work, an AA class or an alcohol rehab program. Consequences of the Second DUI The minimum and max penalties for a second DUI are codified in Vehicle Code 23540. These include possible jail sentence, fines, probationary periods, conditions and alcohol education programs. The penalties depend on whether probation is granted. If no probation is granted, vehicle code Vehicle Code 23540 requires a minimum of 90 days of jail and fines are the same as your first time. Under Vehicle Code 23542 there are two alternatives if you are given probation. The first requires that you spend at least 10 days in jail. Depending on your circumstances and the facts of your case, the court has discretion to have you stay in jail up to a year. The second option allows you to stay 2 48 hour jail stays and this can be done on weekends if you have a job to go to. Pursuant to VC 13352(A)(3), there is a 2 year suspension for your driving privilege. This can be reduced to one year followed by one year of restricted if you are done with SB-38 class, provide the court with your proof of insurance, and you have paid all administrative fees. You may also have to consent to an interlock device.
- Giuisti, Michael: If you or a loved one has been arrested for drunk driving (DUI, DWI) in Orange County, or driving under the influence of alcohol or drugs, we strongly recommend getting a Orange County DUI Lawyer on your side as soon as possible. A good DUI attorney can protect the rights of the accused and work hard to keep him or her out of jail and protect his or her driving privileges.
- Homen, Norman: DMV Hearings for DUI Suspension: A Driver License is very important to you, so donÕt risk losing it. If you are arrested for DUI, it is critical that the DMV be contacted by your Attorney within 10 days of the arrest. An experienced DMV Attorney could help your chance of having the suspension thrown out before the 11th day, which the DMV will refuse to provide a hearing and the suspension will automatically take effect in 30 days. Sometimes, even with the unfavorable results on the field sobriety test, OC Breathalyzer and calculation of your Blood Alcohol Concentration (BAC), an experienced DMV Attorney can base on technicalities, to protect the suspension of your driving privilege. He can help protect your right and contest at the Administrative Per Se Suspension or APS hearing. Usually, on a first DUI offense within 10 years, the license will be suspended for 6 months, then 1 year for a second offense. Your vehicle may be impounded and subject to storage fees. Depends on the level of your Blood Alcohol Concentration, you could also be required to install an Ignition Interlock Device (IID) on your vehicle, which prevents you from starting your car if you have any alcohol on your breath. The DMV also keeps a public record of all your traffic violations and accidents. Each occurrence stays on your record for 36 months or longer, depending on the type of conviction. On top of that, based on the Òpoint countÓ of your driving record, you may be considered a negligent operator. If you get too many ÒpointsÓ, you will lose your driver license and it will be very hard to be reinstated in the future.
- Guisti, Michael: DonÕt get stressed out trying to figure out everything yourself.
Return to California DUI Lawyers
|