What to Expect for Your First California DUI Charge:
First DUI Sentence
In California, when you are arrested for a first DUI offense, you will have to defend yourself from the Department of Motor Vehicles (DMV) attempt to cancel your driving license and form the criminal charges that have been put forward by the prosecutors. For the first DUI, punishments for the crimes committed as per the charges depend on factors such as previous offenses that are on record. With an experienced defense lawyer, you can minimize the DUI penalties. Under the DUI offenses, a driver who commits a first crime stands to face a jail time of four months.
Suspension of Driver License?
Definitely, when a driver is arrested for an alcohol DUI offense, they are likely to go through the Administrative Per Se Hearing for the suspension of their license within the DMV. If you want to protect your driving license, you may request a hearing from the DMV that will challenge the process within the first 10 days. Failure to which you are likely to have your license suspended for 30 days starting from the day you get arrested.
If your request is granted, then you have the chance to drive as you await the hearing, which may take a few months. Despite the grant, winning a DMV hearing has very low chances if you do it by yourself. With the help of your lawyer, they can present evidence on the account that the suspension was not justified, and you have a chance of winning the hearing.
On Refusal to Take a Blood Alcohol Test
A Blood Alcohol Concentration (BAC) is required to determine the percentage of alcohol in your blood. With an alcohol percentage of 0.08% and higher, then it is concluded to be a crime under Vehicle code 23152(b). The defendant who refuses to take a blood alcohol test is likely to face a 2-year suspension. However, the option for the license restriction will not be available.
In California, if you are below 21 years of age and alcohol is detected in your blood system, you will still face the law, having violated the zero-tolerance law.
Understanding the Situation
There are specific factors within the case that often affect your expectations under the First DUI arrest. The first DUI arrest is a misdemeanor offense. Therefore, have a lawyer to handle all the court proceedings so as to ensure nothing is left out, especially on the evidence. This will ensure you do not miss any court hearings. However, with a previous offense or the DUI being accompanied by injury to the prosecutors, it becomes extremely challenging to defend the case. However, regardless of the damages caused, you should expect positive results if you are working with an experienced and skilled defense lawyer. They will ensure you are protected, most especially from facing jail time.
Frequently Asked Questions
Is it a must to face jail time in the first DUI?
No. The first DUI may attract consequences such as 3 years of probation, a fine, or go through penalty assessments.
Is it mandatory to attend the DUI alcohol meetings?
It is mandatory for a first DUI; the defendant must go to DUI meetings for about 18-30 months. This could be in addition to other substance abuse programs that are relevant.
What is the meaning of “Wet Reckless”?
This name is used to represent California Vehicle Code 23103.5, which is used to charge people with reckless driving. It is a term used by lawyers in search of a better deal. It is also considered the most priority offense that should count.
Are they permanent criminal records?
The first DUI conviction cannot be removed from the criminal record. DUI offenses are criminal in nature, and hence they will appear in your criminal records. If you get another DUI within 10 years, it will be considered a subsequent DUI, as in second, third, fourth and so on.
Multiple DUI Chart
Where Should You Start?
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The more charges you can clear, the better.
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Seppi Esfandi is an Expert Criminal Defense Attorney who has over 20 years of practice defending a variety of criminal cases.