First DUI Offense In California
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First DUI Offense In California
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A First DUI Offense In California Triggers Two Seperate Procedures Which Include Both An Administrative And Criminal Procedure. Depending on The Circumstances Of The DUI Stop And Investigation Additional Enhancements to The DUI Charge May Exist Or a Reduction May Be Warranted. After an arrest for a DUI, the arresting officer is required to immediately forward a copy of the notice of suspension or revocation form and any driver license confiscated to the DMV. If the suspension or revocation is upheld during the DMV’s administrative review, you have the right to request a hearing to contest the suspension or revocation. You must request the hearing from the DMV within 10 days of receipt of the suspension or revocation order, which you will likely receive upon your arrest. If the review at the DMV shows that there is no basis for the suspension or revocation, the action will be set aside and your driving privileges will be reinstated. The DMV will notify you in writing only if the suspension of revocation is set aside following the administrative review. In California, a person arrested for a first offense DUI potentially faces both administrative and criminal penalties. The severity on the penalties is determined by whether or not you took a chemical test, other aggravating factors, and case-specific details. In criminal court, the prosecution has to show beyond a reasonable doubt that the officer had (1) probable cause to pull you over, (2) your blood alcohol content (BAC) was above the legal limit, and (3) that your arrest was lawful. Having an attorney knowledgeable in DUI traffic law from the beginning of your case is important in making a solid defense in your DUI case. http://www.lacriminaldefensepartners.com/1st-dui/
Transcript of First DUI Offense In California
First DUI Offense In California
What Happens Now?
In California, a person arrested for a first offense DUI potentially faces both administrative and criminal penalties.
Administrative Penalties
• License suspension by the DMV for at least 4 months.
Administrative Penalties:
• License suspension by the DMV for at least 4 months. • Mandatory completion of an alcohol assessment or
treatment evaluation, which is also required for your license to be reinstated.
Administrative Penalties:
• License suspension by the DMV for at least 4 months. • Mandatory completion of an alcohol assessment or
treatment evaluation, which is also required for your license to be reinstated.
• Mandatory installation of an Ignition Interlock Device
in pilot counties.
Administrative Penalties:
• License suspension by the DMV for at least 4 months. • Mandatory completion of an alcohol assessment or
treatment evaluation, which is also required for your license to be reinstated.
• Mandatory installation of an Ignition Interlock Device in
pilot counties. • License reinstatement, including a restricted license ,
requires SR-22 insurance coverage.
Administrative Penalties:
Criminal Penalties
Criminal Penalties:
• Maximum six months in a county jail.
Criminal Penalties:
• Maximum six months in a county jail. • Fines will be no less than $390 and no more than
$1,000 plus penalty assessments which will cause fine to increase 5-6 fold.
Criminal Penalties:
• Maximum six months in a county jail. • Fines will be no less than $390 and no more than
$1,000 plus penalty assessments which will cause fine to increase 5-6 fold.
• Probation of no less than three (3) years and no more
than five (5) years, during which you can violate no law, among other restrictions.
Criminal Penalties:
• Maximum six months in a county jail. • Fines will be no less than $390 and no more than $1,000
plus penalty assessments which will cause fine to increase 5-6 fold.
• Probation of no less than three (3) years and no more than
five (5) years, during which you can violate no law, among other restrictions.
• Conviction of a DUI will remain priorable for 10 years.
Criminal Penalties:
• Maximum six months in a county jail. • Fines will be no less than $390 and no more than $1,000 plus
penalty assessments which will cause fine to increase 5-6 fold. • Probation of no less than three (3) years and no more than five
(5) years, during which you can violate no law, among other restrictions.
• Conviction of a DUI will remain priorable for 10 years. • Completion of a DUI program for three, six, or nine months.
Can Penalties Be Reduced?
YES
Some Common Reductions for a DUI Would be: • A Wet Reckless (Vehicle Code 23103 per 23103.5),
Some Common Reductions for a DUI Would be: • A Wet Reckless (Vehicle Code 23103 per 23103.5), • A Dry Reckless (Vehicle Code 23103),
Some Common Reductions for a DUI Would be: • A Wet Reckless (Vehicle Code 23103 per 23103.5), • A Dry Reckless (Vehicle Code 23103), • An Exhibition of Speed (also known as a Speed Ex
(Vehicle Code 23109(c) ),
Some Common Reductions for a DUI Would be: • A Wet Reckless (Vehicle Code 23103 per 23103.5), • A Dry Reckless (Vehicle Code 23103), • An Exhibition of Speed (also known as a Speed Ex
(Vehicle Code 23109(c) ), • Drunk in Public - Penal Code 647(f), or
Some Common Reductions for a DUI Would be: • A Wet Reckless (Vehicle Code 23103 per 23103.5), • A Dry Reckless (Vehicle Code 23103), • An Exhibition of Speed (also known as a Speed Ex
(Vehicle Code 23109(c) ), • Drunk in Public - Penal Code 647(f), or • General Traffic Infractions.
Can Penalties Be Enhanced?
YES
ENHANCEMENTS: • For A Breath Test Refusal
▫ 48 hours in the County Jail,
ENHANCEMENTS: • For A Breath Test Refusal
▫ 48 hours in the County Jail, ▫ Mandatory one (1) year license suspension, and
ENHANCEMENTS: • For A Breath Test Refusal
▫ 48 hours in the County Jail, ▫ Mandatory one (1) year license suspension, and ▫ Nine (9) month alcohol program.
ENHANCEMENTS: • For Excessive Speed
▫ 60 Days in the County Jail
ENHANCEMENTS: • For Child Endangerment
▫ 48 hours in county jail
ENHANCEMENTS: • For Child Endangerment
▫ 48 hours in the County Jail ▫ Possible additional charge of child endangerment
ENHANCEMENTS: • For Child Endangerment
▫ 48 hours in the County Jail ▫ Possible additional charge of child endangerment ▫ Possible one (1) year parenting class.
ENHANCEMENTS: • High BAC
▫ Nine (9) month alcohol program
Contact The Aizman Law Firm
(818) 351-9555 www.aizmanlaw.com
