Alameda DUI Attorney

1.  What is the most common penalty for a first time DUI offender in California?

You can be arrested and cited for DUI because of two reasons in California: either driving under the influence or driving with a Blood Alcohol Concentration of at least 0.08%. If found guilty, your driver’s license will be suspended for 4 months or up to 3-years if you have prior convictions. Even a first time DUI offender can face tough penalties if there are other aggravating factors such as speeding, having a minor in the vehicle, evading the police, or reckless driving.

Typically, a first time DUI offender must pay a $390 – $1,000 fine, plus penalty assessments. You must also spend at least 96 hours in jail or up to six months. Jail time may be avoided if the court offers probation in lieu of any jail time. You may be required to install an ignition interlock device in your vehicle. You will also be required to complete a 3-month alcohol assessment class.

2.  If I have a license from another state but get convicted in California, how will it affect my record?

Many people wonder how a drunk driving conviction in California will affect their status if they live in another state. In California drunk driving is a very serious offense and a DUI conviction in California will affect your record in your home state, but the details vary from state to state. Your license will possibly be suspended and there will certainly be some penalties, but to find out the specifics you will need to contact a DUI lawyer familiar with the laws in your home state. 

3.  What happens for a second time DUI offense in California?

Getting a second DUI conviction in California will result in penalties such as spending 90 — 120 days in jail, but no more than 1-year maximum. The fines for a second DUI offense are the same limits as a first offense, but expect them to be on the higher end, plus court costs. Your driver’s license will be suspended for a year. You may be required to install an ignition interlock device in your vehicle. You will also be required to complete an 18-30 month alcohol assessment class.

4.  What are California’s DUI laws?

You can be arrested and convicted for DUI if you were in a state of intoxication as determined by the arresting officer or if your Blood Alcohol Concentration was at a level of 0.08% or more. Of course, every DUI case is unique and the particular factors are very important in court. For example, whether or not the case is a Felony or just a Misdemeanor or whether there were any aggravating factors such as speeding.

5. What happens if an 18 year old is arrested for DUI in California?

California has taken a Zero Tolerance Stance when it comes to underage offenders. Having any alcohol in their blood system at all is grounds for DUI arrest if the driver is under the age of twenty-one. Upon conviction for such an offense the penalties include license suspension for 1-year, fines (vary depending on circumstances), possible jail time, and other penalties that can be handed out by the court depending on the particular factors of the case.

6.  Is it possible to represent myself in a DUI case in California?

While the answer is yes, for your benefit you should probably not because a complex DUI case can be incredibly difficult to handle for a layman. DUI law is complex and varies greatly from state to state so it is not a good idea to represent yourself. Arguing a DUI case well requires knowledge, skill, and experience in that area of law so it is not recommended to handle it yourself. 

7. What are the consequences to my insurance for a California DUI charge?

In most cases an insurance company will cancel a person’s policy due to a DUI offense. The DMV will require what is called an SR-22 filing to be completed by your insurance company before they will reinstate your driver’s license following the suspension period. You will need to apply for a high-risk auto insurance policy with a company that offers SR-22 filings.

8. How do I get my suspended license back for getting a DUI in California?

A suspended driver’s license for DUI is serious business in California and must therefore be handled carefully. If you wish to challenge your license being suspended you will need to request a suspension hearing. The DMV will provide you with information on how to apply to have your license restored. Each state has its own license restoration laws so it is best to contact a DUI lawyer if you want to try to get your license back.

9. Will a DUI affect my ability to find employment?

If the prospective employer performs background checks on potential employees before hiring, then they will see the DUI conviction on your criminal record. A lot of smaller employers may not have procedures in place that mandate background checks. If the position requires the driving of a company vehicle you can expect at minimum to have your driving record checked.

10. Can I drive while my license is suspended?

You may only drive during your suspension period if the DMV grants you a restricted driver’s license. If you drive while your license is under suspension without a restricted license you risk potential jail time, fines, and a longer suspension period if you are caught.

Originally published here.

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