FIRST OFFENSE DUI – COURT PENALTIES
Minimum 3 to 5 years informal probation
May include terms and conditions to follow such as
(Not all possible terms are listed below):
- Do not violate law
- Obey all court orders
- Submit to search and seizure
- Must not drive without valid license or insurance
- Drive with no measureable amount of alcohol
- You may not refuse to submit a chemical sample when asked or ordered by legal authorities
May include 48 hrs up to 6 months in the county jail
Base fine of $390 fine to maximum of $1000. Court will impose penalty assessments to the base fine & miscellaneous court fees, that result in total amount due of approximately $2,200.00 up to $4500. An experienced DUI defense attorney can petition the court to receive credits which can substantially reduce your fines.
ALCOHOL/DRUG ABUSE PROGRAMS:
Length of program could range from three months up to nine months in duration. A court may designate a length of program depending on the level of BAC in your case. The length of your program can be negotiated under certain circumstances by an experienced Dui defense lawyer.
If there was a refusal a nine month program will be required by the DMV.
Attendance at a Mothers Against Drunk Drivers Meeting
COURT MAY ALSO ORDER:
- Vehicle impounded up to 30 days
- Installation of Ignition Interlock Device on car you operate or own for up to 3 years. First Offenders get a mandatory 5 month Ignition Interlock installation requirement if convicted in Los Angeles, Alameda, Sacramento or Tulare counties.
- Payment to the Arresting Police Agency for Booking Fees
- Payment of Emergency Response Costs
ADDITIONAL PENALTIES FOR DUI ENHANCEMENTS (NOT ALL LISTED BELOW)
Child Under 14 in vehicle at time of offense:
Mandatory 48 hours in county jail per child
Speeding ≥ 30 mph on Freeway or ≥ 20 mph on Street or Highway –
Mandatory additional 60 days in county jail
FIRST OFFENSE DUI – DMV PENALITES AFTER COURT CONVICTION:
- 6-month license suspension
- 10-Month license suspension if BAC GREATER THAN 0.20% or REFUSAL
- Restriction Eligibility: Upon meeting certain requirements, DMV may issue a restricted license in lieu of the suspension. A restricted license allows driving to and from and during the course of employment and to and from the First Offender Program.
(A court may order no restriction eligibility)
DMV ADMINISTRATIVE PER SE SUSPENSION ACTION:
- BAC < .08 –
No action taken – suspension set aside
- BAC ≥ .08 –
4-month suspension with eligibility to obtain restricted license after serving 30-day suspension & upon meeting certain DMV requirements
- Refusal –
1-year mandatory suspension with no option for restricted license
CALL 949-497-1729 FOR FREE CONFIDENTIAL CONSULTATION
By Barry T. Simons: “It is my honor and privilege to fight for my clients; challenge unjust laws; protect our Constitution and to be a thorn on the side of injustice”.