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California – What happens when
you get a DUI?
by H. Gillogly
This is one of the most common questions asked to DUI
lawyers. When you ask lawyers this question, you do not
always get straight answers because every circumstance
is different. According to DUI.com the most common penalties
are as follows:
$1200 fine
3 years probation
3-5 days sheriff work alternative program
4 months suspended license
First offender school
When a driver in the state of California is arrested for
driving under the influence of alcohol their driver’s
license is immediately confiscated by the police and then
served with the DMV’s ‘Notice of Suspension’.
This will formally suspend their license, provide temporary
driving privileges for 30 days and will also explain some
aspects of the applicable law. In addition, it states
that there is a right to contest the suspension and force
the DMV to return the license as long as the DMV’s
Local Driver Safety is contacted by the attorney within
10 calendar days of the arrest.
A driver’s license is immediately suspended if their
blood alcohol level is above .08% (or above .01% for drivers
under 21 years of age) or if they refuse to take a chemical
test. If the driver is from another state other than California,
then the officer has no right to seize their license.
However, the officer will issue a ‘Notice of Suspension’
which suspends the driver’s license in the state
of California (after 30 days) from driving. If there is
a conviction in court, the state of California will contact
the home state of the convicted party, and that state
will usually suspend their license the same way they do
it there.
Ramification of Getting a California DUI
First off – getting a DUI will cost you money.
First offence: $390 - $1000 plus local fees, penalties
and assessments for total of $1300 - $3500. This doesn’t
include any lawyers fees –which can be from $500.00
to $15,000 depending on if you’re in a small town
or large metro area. Generally speaking the more experienced
the lawyer (and you want an experienced lawyer) the more
it will cost.
There are social ramifications of getting a DUI as well.
A charge of DUI/DWI can have serious ramifications on
a defendant's driver's license, criminal record and ability
to work and function in society. Some employers may decline
in hiring someone because of a felony level DUI.
Ask yourself before getting behind the wheel after drinking
if it’s really worth it. Based on the above –a
cab ride home is downright cheap. Be safe –not sorry.
About the Author
This article can be freely reprinted as long as this resource
box and all links stay intact.
Kerry L. Steigerwalt is one of the most successful and
prestigious criminal defense lawyers in San Diego. If
you have been convicted of a DUI please visit us at http://www.sddefenselawyers.com |
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