Penalties for Driving Under the Influence
What DUI penalties should you be concerned with if you have a DUI pending in one of the Los Angeles County courthouses? When it comes to a DUI, there are so many different penalties and punishments that are available to a judge and prosecutor, that it is difficult to capture them all here.
However, over the course of the past twenty five years as a Los Angeles DUI lawyer, I would say that you must first differentiate between punishments that are mandatory and those that are discretionary. In driving under the influence cases in California, there are many different alternative sentences that can be negotiated with the prosecutor.
Why Retain a Los Angeles DUI Lawyer?
If you are convicted of a second time DUI, you are facing a mandatory minimum of ninety six hours in jail up to a maximum of one year. Further if you are convicted of a refusal DUI or the Department of Motor Vehicles finds you administratively responsible for a refusal DUI, you will lose your drivers license for one year (with no restriction).
The way to get out of having these punishments imposed on you is to avoid being held responsible for them. If you do not plead guilty to a second time DUI and if you are not held responsible for a refusal then you are not responsible for the punishment that comes along with them. This may sound simple, but to achieve this type of result will take the best local DUI lawyer you can find.
Other penalties and punishments that are mandatory are a fine (a minimum of $390 plus penalty assessment), an alcohol program (there is a three month, a six month, a nine month, an eighteen month and a thirty month) and a probationary period (usually three years).
The reason some of these punishments are mandatory is because the legislature has determined that they must be because DUI's are so dangerous to the community. Therefore, when you are negotiating these cases as a defense attorney, you must know which pitfalls you can avoid and how and which ones you can not. I like to bring up these potential mandatory punishments right from the beginning of the representation so there are no surprises for my clients and we can try and do what we can on our end to avoid these punishments.
Consequences Of A DUI Conviction
Some punishments that are not mandatory include the Mothers Against Drunk Driving (MADD) seminar, a trip to the hospital and Morgue and community work like cal trans, community service and community labor. There are a number of other punishments that judges and prosecutors use, depending on the circumstances and what the person in trouble did.
Your DUI attorney is the one that will be fighting for you and trying to protect your rights and steer the powers that be away from penalties that you can not afford or deal with. This is why I sit down with my clients from the beginning and make sure that we are on the same page and can make the moves necessary to avoid a serious problem.
What can our DUI attorneys bring to the table for you in a DUI to give you the best possible result? Our lawyers have a combined 75 years of experience and we handle DUI cases on a daily basis all of the courthouses on Los Angeles.
Our main objective is to ultimately get your DUI charge dismissed due to certain defenses we will assert on your behalf or get you the minimal penalties possible. We love to get cases dismissed for our clients, but if we can not, then we will do everything we can to minimize the damages a DUI can have to your driving record, criminal record, reputation a your freedom.
When you have done thousands of DUI over a career of twenty five years, you better believe we know what it takes to get the best possible result!
First Offense, No Prior DUI Offenses penalties include:
Jail Time: 0-6 months; Probation: 1-5 years; License Suspension/Revocation: 4-6 months; Rehabilitation/Alcohol workshops: 3-9 months; Monetary Fines: $390-$1,000; Car insurance will increase or be terminated.
Second DUI Offense penalties include:
Jail Time: 90 days to one year; Probation: 1-5 years; License Suspension/Revocation: up to 2 years; Rehabilitation/Alcohol workshops: 18 months or a 30 day treatment program; Monetary Fines: $390-$1,000, plus some additional charges; Car insurance will rise substantially or be terminated.
Third DUI Offense penalties include:
Jail Time: 120 days/4 months to one year; Probation: 1-5 years; License Suspension/Revocation: up to 3 years; Rehabilitation/Alcohol workshops: 18 months or a 30 day treatment program (especially if the individual never completed one); Monetary Fines: $390-$1,000, plus some additional charges; Car insurance will rise substantially or be terminated.
Fourth DUI Offense penalties include:
Jail Time: 180 days/6 months to three year; Probation: 1-5 years; License Suspension/Revocation: up to 4 years; Rehabilitation/Alcohol workshops: 18 months (if the individual never completed one); Monetary Fines: $390-$1,000, plus some additional charges; Car insurance will rise drastically or will be terminated; Offense may be tried as a felony.
If as a result of drunk driving you caused an injury or a death, the penalties are enhanced. If you have been charged with a DUI offense one or more times.
Our aggressive representation and unmatched credentials increase your chances of favorable results. Our priority is to help you protect your legal rights, freedom, and. reputation. We offer quality legal defense.