Did you know that in California, the vast majority of DUIs are classified as misdemeanors? Basically, a DUI charge will be prosecuted in the same manner as other misdemeanors.
Once you’re charged with DUI in California, you may anticipate that the DMV will seek to suspend your license. And, that prosecutors will file charges against you. Whether or not you have a past DUI conviction will have an impact on the penalties you face if the courts find you guilty on these counts.
Many DUI fines may be reduced or avoided with the aid of a skilled defense attorney. It is critical that you contact an attorney as quickly as possible after your arrest in order for your lawyer to establish your legal rights. Read on for our breakdown of the entire DUI court process in California.
DUI Court Process 101: Getting Released From Jail
The majority of DUI arrestees are freed from jail within a few hours. Bail is not often necessary for first-time offenders, especially if no one was injured.
However, being let out of prison should not lull you into complacency. If you’ve been charged with DUI, it’s imperative that you have a DUI lawyer in Redding, such as Prentiss Law, on your side to help you through the legal process.
How to Keep Your Driving License Safe
The Department of Motor Vehicles (DMV) immediately initiates a procedure that might result in a driver’s license suspension after a DUI arrest for alcohol. The Administrative Per Se Hearing is the name of the procedure.
Within 10 days after the suspension, you must contact the DMV to seek a hearing to contest it. It will take 30 days from the date of arrest for your license to be reinstated if you don’t comply.
As long as you seek the hearing in a timely way, you will be free to drive while you await the outcome of the hearing. From a few weeks to a few months, this might be the case
Your odds of prevailing at the DMV hearing are exceedingly low if you do it alone. In other cases, however, your lawyer may be able to show that the suspension is unjust. This can be so if you were the victim of an illegal arrest.
Another option would be your blood alcohol level was less than 0.08% when an officer stopped you. It is possible to disable the auto-suspension in this case.
Many variables can determine the length of the suspension. Chemical testing may result in a four-month suspension for first-time offenders who are 21 or older and have taken a breathalyzer; it can lead to an unlimited suspension for repeat offenders within 10 years of the first offense.
The Potential for a Restricted License
After a first offense DUI, you may be able to receive a limited license even if your license is suspended. In other words, you could drive to and from work and a treatment program without a problem.
In order to be eligible, you must be at least 21 years old, have consented to undergo a chemical test; not have caused any injuries; engaged in a first-time offender alcohol program (AB541); furnished the DMV with evidence of insurance (SR22); and pay re-issuance costs to the DMV (usually $125).
A restricted license may be available to you after 90 days if you agree to place an ignition interlock device (IID) on your car and participate in a multiple offender alcohol program after a second DUI within ten years of your first.
Understanding the Consequences For First-Time DUI Offenders
The DMV procedure to suspend your driver’s license is distinct from any criminal proceedings.
Three years of informal probation, penalties of $390 plus “penalty assessments” (totaling nearly $2000), and completion of a 30-hour first-offender alcohol treatment cost around $500 in California for a DUI first offense.
When a probation violation occurs, the offender does not have to do any prison time. When aggravating elements such as having a small kid in the vehicle or driving 25 miles an hour above a roadway’s speed limit or 30 miles an hour over a freeway’s speed limit are present, it is possible to be sentenced to prison.
A first DUI sentence may involve community service, community labor, or victim impact panel participation as part of the punishment.
For four months after a first conviction, you must have an ignition interlock device installed in your vehicle in certain California counties (Los Angeles, Alameda, Sacramento, and Tulare). You might have to spend another $500 in this case.
Repeat DUIs Come With Harsher Penalties
The consequences for a second DUI violation are, of course, more severe.
Prosecutors in many jurisdictions seek to extend jail sentences beyond the minimum of 96 hours. There’s a one-year limit on how long you may stay.
It takes two years to get your license back. Refusal to submit to a chemical test, or being on DUI probation at the time of your second offense will result in a one-year suspension with no restrictions.
Each Situation Is Unique
What to anticipate following a DUI arrest is almost always influenced by circumstances unique to your particular case. For minor infractions, your lawyer may manage your court appearances, saving you time away from the office.
In the event of a past crime or injuries, the stakes are significantly raised. If you have a professional defense attorney on your side, no matter what the circumstances, you may anticipate greater outcomes than you would without one.
Charged With DUI California: The Next Steps
There’s no doubting how terrifying it can be to deal with a DUI charge. Thankfully, you won’t have to go through the DUI court process alone. We hope that our explainer has shed some light on what to expect when charged with DUI in California. And, if you’re interested in having a broader aspect of DUIs and other charges, you should check out our legal section for all the additional tips and guides.
