A DUI is driving under the influence of alcohol or some other drug to the point that you cannot safely operate a motor vehicle. If you fail the field sobriety tests, for example, then you could be charged with a DUI, if they could prove your blood alcohol level was a 0.08 or greater. It’s then presumed that you have a blood alcohol level that’s too high to safely operate a motor vehicle. DUI charges are covered under California Vehicle Code 23152.
Penalties For A First Time DUI In California
Fines and penalties for DUI first, second, third, or fourth vary depending on what happened. Usually, for a first time DUI, you could get up to six months in jail, a $390 to $1000 fine, plus a 200 percent penalty assessment on whatever fine it ends up being.
You could get a three month, six month, or nine month alcohol program on a first offense DUI, probation for three to five years, and then there’s other penalties that they can give you, depending on the level of intoxication and exactly what you did. You can be ordered to never drink alcohol while you’re on probation. You can even have a SCRAM bracelet put on your ankle, depending on how bad the circumstances are.
If you refuse a breath test, you will be presumed to be DUI and you will lose your driver’s license for one year. Other penalties for a refusal could include jail time, if the situation is serious enough.
If you are arrested for DUI, the police will take your license away from you and send it to the DMV. Then, you’ve got a battle to try and get the driver’s license back. You will need to hire an attorney and you’re going to be entitled to a DMV hearing that you can request within 10 days.
You can drive as long as you have a valid driver’s license. When you get arrested for DUI, you’re usually given a citation to appear in court and then given a temporary driver’s license. You can drive on that for 30 days, as long as your license isn’t suspended for some other reason.
After that, you’re going to be entitled to a DMV hearing and that’s going to control exactly what happens with your ability to drive in the future.
Will I Go To Jail For A Second DUI In San Fernando Valley?
On a second time DUI in San Fernando or Van Nuys, CA there is a minimum of 96 hours in jail up to a maximum of one year in jail. Additionally, if you’re still on probation for your first DUI, you could get another six months in jail tacked onto that.
However, just because you get arrested for the second time DUI doesn’t necessarily mean you have to plead guilty to it. It is possible to try to get the charge reduced to a wet reckless or a lesser charge that doesn’t trigger the mandatory minimum 96 hours in jail. If you’ve got to do the 96 hours in jail, it is sometimes possible to serve the time in a private jail and do it in 48-hour weekend blocks.
For more information on DUI Charges In Los Angeles County, a free initial consultation is your next best step. Get the information and legal answers you are seeking by calling (213) 542-0940 today.