First-Time DUI Attorney in Los Angeles
A lot of people believe that a first-time DUI is all created equal. I even hear people saying; you're going to hire a lawyer on a first-time DUI?
Thinking that a first-time DUI is treated the same every time across Los Angeles County is just foolish because all sorts of different factors determine the significance of a first-time DUI, which is covered under California Vehicle Code 23152. For instance, the legal limit for blood alcohol concentration (BAC) in California is 0.08%, and exceeding this limit can lead to severe penalties.
One factor is how high the person's blood-alcohol level was. The higher the blood alcohol level, the more dangerous the person is perceived, and the more likely they will get a very harsh punishment because of that high BAC related to their DUI. So, that's one significant factor that controls how the prosecutors and judges will treat a particular first-time DUI.
Another thing is that when you have a first-time DUI, you have a much stronger chance of getting something other than a DUI on your record. For instance, if you're close to the legal limit, if you're close to .08, then you have a good argument that you should be charged with a speed contest, a wet reckless, or some moving violation, which carry lesser penalties than a DUI.
Therefore, a first-time DUI with a low blood alcohol level presents an opportunity for a favorable outcome. It could result in a lesser charge or even a successful challenge against the prosecutors' claims of a close call.
Another big thing regarding a first-time DUI is whether anybody is injured. If someone is injured and the injury is bad enough, not just some soft tissue injury, you may face a felony.
That will be $100,000.00 bail, and with a felony, you'll also potentially go to jail or prison. Many times, if the injury is bad enough, they will charge a great bodily injury allegation.
Then you'll be facing a strike and prison time and not being able to get that DUI off your record because of that great bodily injury.
First-Time DUI Punishment
This is problem one of the biggest things on people's minds when they get that first DUI. You're scared. You've been roughed up, thrown in the back of a police car, usually spent some time in jail, and they let you out with a citation to appear in court, and now you're on the internet trying to figure out what's going to happen to you.
Of course, there are no one-size-fits-all answers. It depends on what happened in your first DUI — how high your blood alcohol level was, how dangerous the prosecutors perceived you, and judged you based on what you are doing. So, when you start to talk about punishments, they are usually dictated by whatever you did related to that first DUI.
But to give you a general idea of the minimum punishment for any DUI in Los Angeles, we know this because the legislature has lined up penalties for these first-time DUIs.
Misdemeanor Probation and a Fine
So, you'll be looking at three to five years of being put on a misdemeanor summary probation. Usually, in most courts, in most cases, you're going to get three-year probation, which means you can't get in trouble for three years. Otherwise, you violate your probation, and not only would you be facing new charges, but you'd also be facing a probation violation.
In addition to that, you could get a $390.00 fine — the usual minimum fine. But, the problem with that is they tack on a 200% penalty assessment in all criminal courts for penalties. So, that puts the fine up near $2,000.00 once you start to do the math on it and add in the court fees, which is how the courts make money.
First-Offender Alcohol Program
In addition to the probation and the fine, you're also looking at a first-offender alcohol program. Most times, it's going to be a three-month alcohol program that you have to pay for. You have to go to progress reports until you're done, and then you'll get a completion slip, and you'll be done with it.
If your first-time DUI is severe enough that you've done something out of the ordinary like dangerous driving, high blood alcohol level, speed, some accident, or if you're a young driver, you might be looking at a six or nine-month alcohol program.
It's better to have a three-month alcohol program, which is a significant pain in the neck because it costs more money and takes more time away from your job and family responsibilities. So, that's pretty much the bare minimum that you're looking at for any DUI in Los Angeles County, but other penalties can be heaped on you, like jail time.
Community Service
You could be looking at up to six months on a first offense, and you could also be looking at community service, Cal Trans, community labor, and AA meetings. There are all sorts of things. They could make you put a scram device on your leg so that you cannot drink alcohol during your probationary period.
They can order you to do several different things just to protect the public from people who drink and drive.
Watson Warning
You're going to be given what's called a Watson warning, where they tell you if you drink and drive and you kill somebody, you're now on notice that you will be charged with murder if somebody dies during a DUI.
That's even applicable for a first offense now in Los Angeles County because they figure most people know how dangerous drinking and driving is. They should realize that it's foreseeable that you could kill them if you drink and drive and crash into somebody with an automobile.
Given the myriad of potential punishments and penalties, it is crucial to have the best possible DUI attorney on your side from the start. Legal representation can provide reassurance and work in your favor in a first-time DUI case.
So, there are several different factors that you have to look at when you have a first-time DUI.
I would say, above all, when it comes to a first-time DUI, the best chance you have is to do something with an attorney because of various things that could be going on depending on how serious the circumstances are surrounding your DUI, how dangerous you were, what your blood alcohol level was, whether anybody was injured.
There are all sorts of things that can impact your first-time DUI. You must get an attorney to put yourself in the most vital position to get the best possible result, get out of the criminal justice system as fast as possible, protect your driving record, stay out of jail, and clean your history.
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