If you own a California driver’s license, you should never be complacent when it comes to the possibility of being hailed for a drunk-driving violation. The existing DUI legislations in the state are quite harsh as laws of this type usually go, especially when it comes to the penalties imposed. Even if you’re a first-time offender, you will still be facing two separate charges for the crime committed. A criminal charge will be made before the regular courts, the focus of which is to determine the penalties to be meted out to the offender consisting majorly of fines and jail terms. However, there will be another case filed before the Department of Motor Vehicles (DMV) which constitutes the administrative aspect of the offense. This now largely deals with the sanctions against one’s driving privileges.
As a first-time DUI, your penalties and other sanctions would comprise some or all of the following:
- Probation.
- Fines and fees.
- Suspension or revocation of driver’s license.
- DUI schooling.
- Mandatory jail time.
The severity of the penalties and whether only some or all of them will be imposed depend on the presence of aggravating circumstances despite it just being a first-time DUI. Moreover, the experience and competence of your DUI defense attorney will also be crucial here in securing you the proper legal remedies at the right times. Basically, a first-time DUI is considered as a misdemeanor DUI or a standard drunk-driving offense. Nonetheless, if it is attended by aggravating circumstances such as when it leads to physical injuries or death of a person, it becomes a felony DUI and the penalties will be increased.
On a normal basis, a first-time DUI conviction will place the offender on 3 to 5 years probation. However, there is no probation officer to report to. However, he is prohibited from drinking and driving during the entire period of his probation. Fines can amount to as much as $1800 even though it’s just a first-time DUI. But if you have a highly experienced DUI defense attorney, he may bargain for the lowest fine possible or present your current financial and economic status to show to the courts that it is improbable for you to pay the entire amount. Hence, the court may order you to work off part of the fine through community service.
As far as your driver’s license is concerned, the suspension is usually for a period of 6 months. Moreover, going to mandatory DUI school will depend on your BAC (Blood Alcohol Level) and of course, the negotiating powers of your attorney. Jail terms are quite minimal, lasting only for 48 hours unless your situation qualifies you for enhanced sentences. Again, this depends on the presence of aggravating circumstances and of course, whether or not your attorney can successfully disprove the existence of the same.
