You may not have thought that drunk driving was considered a serious crime, but the state of California says differently. Under the law, you can be prosecuted for driving under the influence (DUI) if your blood alcohol concentration (BAC) levels reach or exceed 0.08%.
The consequences of a conviction could have a devastating impact on your career, reputation, and relationships. You are going to need a trial-tested Agua Dulce DUI lawyer to help you clear your name of the allegations against you.
Depending on the circumstances of your case and whether you meet specific eligibility requirements, your Los Angeles DUI attorney may be able to avoid trial entirely by entering pretrial diversion or coming to some other favorable plea agreement. You can explore your potential defense options with a DUI attorney.
Your Agua Dulce DUI Attorney Prepares You for The Harsh Consequences of a Conviction
If you are under the influence of drugs or alcohol, unable to drive as safely as someone sober or have a blood alcohol concentration (BAC) level of 0.08%, you can face drunk driving charges as described under California Vehicle Code 23152 (b). However, this limit only applies to standard drivers. If you are under the age of 21 or carry a commercial driver’s license (CDL), your legal BAC limit is 0.02% or 0.04%, respectively.
The consequences you will face if you are found guilty depend on several factors. Your criminal record, whether anyone was injured or killed, and your BAC levels at the time of your arrest will all play a part in whether you are charged with a misdemeanor or felony.
Here are some of the most common penalties associated with a conviction based on the number of DUI convictions you have on your record:
First DUI
First-time DUI may not seem serious, but the penalties are more severe than you may have expected. First, you could be placed on informal probation for up to five years, which carries multiple requirements, including random drug and alcohol screenings and the installation of an ignition interlock device (IID). You could also pay up to $1,000 in fines and spend one year in a Los Angeles County jail.
Your driver’s license will also likely be suspended. Depending on the circumstances of your case, you could be facing a mandatory four-month administrative suspension from the California Department of Motor Vehicles and a court suspension as long as 10 months. If you violated California’s implied consent laws under California Vehicle Code 23612, your driving privileges could be revoked for up to one year.
Second DUI
Second, DUIs are more serious. You could still be on summary probation for up to five years, but fines will increase to as much as $2,000, and you could spend a minimum of 96 hours in jail and a maximum of one year in county jail.
With a second DUI comes the requirement that you complete as much as 30 months of a court-approved DUI program, and you will need to be concerned about how a DUI affects insurance.
Third DUI
You could be looking at a mandatory minimum of 120 days in jail but as much as one year in jail if you are convicted of a third DUI over a 10-year period. Fines could be increased to $3,000, and your driving privileges could be revoked for as much as three years.
Additionally, you will be designated a habitual traffic offender (HTO) for at least three years, which will increase the penalties you face if you are convicted of subsequent traffic violations or DUIs.
Agua Dulce DUI FAQ
Will My License Be Suspended if I Refuse a Field Sobriety Test?
No. If you refuse a field sobriety test, you do not need to worry about your driver’s license being suspended. You are under no legal obligation to consent to a field sobriety test, unlike refusing a DUI chemical test in California because you have given your implied consent to BAC testing.
What is an Ignition Interlock Device (IID)?
An ignition interlock device (IID) monitors your BAC levels. It is installed in your vehicle and requires you to blow a breath sample before the vehicle starts. If your BAC levels exceed the IID limit, the vehicle will not start.
According to the International Council on Alcohol, Drugs and Traffic Safety, IIDs can reduce repeated DUI offenses by up to 95%. If you are required to install an IID in your vehicle, it will be at your own expense. Failure to comply with IID restrictions could result in the suspension or revocation of your driver’s license.
Can I Get a DUI Expunged From My Record?
Yes, DUIs are eligible for expungement in California. In fact, according to California Penal Code 1203.4, the state has some of the most DUI-friendly expungement laws and does not require individuals convicted of DUIs to a certain amount of time before petitioning for expungement. If you have completed the terms of your sentence by paying all fines and fees and avoiding additional criminal charges, your Los Angeles DUI attorney can apply for expungement as soon as you have fulfilled the terms of your initial DUI sentence.
Connect With a Reputable DUI Lawyer in Agua Dulce for Help Today
The consequences that are going to follow a DUI conviction could have a dramatic impact on your life. Your reputation could be destroyed, you could lose your professional license, and you may find yourself struggling to cope with the collateral consequences after completing the terms of your sentence. You may be able to avoid this fallout by clearing your name or potentially enrolling in pretrial diversion.
If you can avoid going to court, where your freedom could be taken from you, it may be in your best interest to do so. Your dedicated DUI attorney in Agua Dulce will have further insight after reviewing the specific circumstances of your case.
When you are ready to take charge of your defense strategy, do not hesitate to consult a highly skilled Los Angeles DUI attorney to request a confidential consultation.
